Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 14, 2002 and adjourned Friday, April 12, 2002, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 2002 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 14, 2002 through March 26, 2002. Volume II contains March 27, 2002 through April 12, 2002 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 14, 2002 and adjourned Friday, April 12, 2002
VOLUME I
2002 Atlanta, Ga. Printed on Recycled Paper

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

MONDAY, JANUARY 14, 2002

1

Representative Hall, Atlanta, Georgia
Monday, January 14, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The following communications were received:
Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
November 9, 2001
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the November 6, 2001 Special Election for the Office of State Representative in the General Assembly of Georgia from District 139, all as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am Most sincerely,
/s/ Cathy Cox Secretary of State
CC:LWB:bt Enclosure

2

JOURNAL OF THE HOUSE

State of Georgia Office of Secretary of State

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 6th day of November, 2001, in District 139 of the State House of Representatives in a portion of Houston County, to fill the vacancy existing due to the vacated seat of the Honorable Pam Bohannon.

Having received a majority of the votes cast, Larry O'Neal was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of November, in the year of our Lord Two Thousand and One and of the Independence of the United States of America the Two Hundred and Twenty-sixth.

(SEAL)

/s/ Cathy Cox Secretary of State

Official Special Election Results - November 6, 2001 Georgia House of Representatives District 139 (To Succeed Pam Bohannon)

Harold M. Edwards, Jr. 2521 (38%)

Larry O'Neal

4178 (62%)

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
Lawrence Edward O'Neal Representative, 139th District
I do hereby solembly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.

MONDAY, JANUARY 14, 2002

3

I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Lawrence Edward O'Neal State Representative
Sworn to and subscribed before me, this 19th day of November, 2001.
/s/ Bob Richardson Judge, Bob Richardson
Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
November 29, 2001
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the November 27, 2001 Special Election Runoff for the Office of State Representative in the General Assembly of Georgia from District 47, all as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am

4
CC:LWB:bt Enclosure

JOURNAL OF THE HOUSE
Most sincerely, /s/ Cathy Cox
Secretary of State

State of Georgia Office of Secretary of State

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 6th day of November, 2001, in District 47 of the State House of Representatives in a portion of Fulton County, to fill the vacancy existing due to the resignation of the Honorable Jim Martin.

Inasmuch as no candidate received a majority of the votes cast, a Special Election Runoff was held on November 27, 2001 and the results of the consolidated returns on file in this office are also attached.

Having received a majority of the votes cast, Pat Gardner was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 29th day of November, in the year of our Lord Two Thousand and One and of the Independence of the United States of America the Two Hundred and Twenty-sixth.

(SEAL)

/s/ Cathy Cox Secretary of State

Official Special Election Results - November 6, 2001 Georgia House of Representatives District 47 (To Succeed Jim Martin)

Valerie Edwards Pat Gardner Tom Kemp, III

941 (12%) 3494 (45%) 843 (11%)

MONDAY, JANUARY 14, 2002

5

William C. Phillips 139 (2%)

Jeff Richards

263 (3%)

Seymour Shaye 75 (1%)

Bob Silvia

516 (7%)

Bob Whitelaw 1506 (19%)

Official Special Election Runoff Results - November 27, 2001 Georgia House of Representatives District 47 (To Succeed Jim Martin)

Pat Gardner Bob Whitelaw

3914 (70%) 1656 (28%)

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I PAT GARDNER, do hereby solemnly swear that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgement, be most conducive to the interests and prosperity of this State.
I further swear that I am not the holder of any unaccounted for public money due this State or any political subdivision or authority thereof, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
I further swear that I have been a resident of the 47th District of the House of Representatives of this State for the past 28 years. So help me God.
/s/ Pat Gardner State Representative
Sworn to and subscribed before me, this 7th day of December, 2001.
/s/ Philip F. Etheridge Philip F. Etheridge, Judge Superior Court of Fulton County Atlanta Judicial Circuit

6

JOURNAL OF THE HOUSE

House of Representatives Atlanta

October 19, 2001

Mr. Paul Lynch 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
Effective this date, I am appointing Representative Tom Bordeaux as Chairman of the House Judiciary Committee and removing him as Chairman of the House Ethics Committee, but leaving him as a member.
Sincerely,
/s/ Thomas B. Murphy
TBM/tl
c: Rep. Tom Bordeaux Mr. Robbie Rivers, Clerk of House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Mr. Dan Williams, House Research

House of Representatives Atlanta

October 19, 2001

Mr. Paul Lynch 434 State Capitol Atlanta, Georgia 30334

MONDAY, JANUARY 14, 2002

7

Dear Paul:
Effective this date, I am appointing Representative Robert Reichert as Vice Chairman of the House Judiciary Committee and removing him as Secretary of the House Industry Committee.
Sincerely,
/s/ Thomas B. Murphy
TBM/tl
c: Rep. Robert Reichert Mr. Robbie Rivers, Clerk of House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Mr. Dan Williams, House Research

House of Representatives Atlanta

October 19, 2001

Mr. Paul Lynch 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
Effective this date, I am appointing Representative Hinson Mosley as Secretary of the House Industry Committee.
Sincerely,
/s/ Thomas B. Murphy
TBM/tl
c: Rep. Hinson Mosley Mr. Robbie Rivers, Clerk of House

8

JOURNAL OF THE HOUSE

Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Mr. Dan Williams, House Research

House of Representatives Atlanta

October 19, 2001

Mr. Paul Lynch 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
Effective this date, I am appointing Representative Johnny Floyd as Chairman of the House Ethics Committee, and removing him as a member of the House Special Rules (Policy) Committee.
Sincerely,
/s/ Thomas B. Murphy
TBM/tl
c: Rep. Johnny Floyd Mr. Robbie Rivers, Clerk of House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Mr. Dan Williams, House Research

House of Representatives Atlanta

October 19, 2001

MONDAY, JANUARY 14, 2002

9

Mr. Paul Lynch 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
Effective this date, I am appointing Representative Alan Powell to the House Special Rules (Policy) Committee.
Sincerely,
/s/ Thomas B. Murphy
TBM/tl
c: Rep. Alan Powell Mr. Robbie Rivers, Clerk of House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Mr. Dan Williams, House Research

House of Representatives Atlanta

November 30, 2001
Honorable Pat Gardner 668 East Pelham Road Atlanta, Georgia 30324
Dear Representative Gardner:
I am this date appointing you to the following committees:
Industrial Relations Health & Ecology Human Relations & Aging
Sincerely,
/s/ Thomas B. Murphy

10

JOURNAL OF THE HOUSE

TBM/tl
cc: Paul Lynch Robbie Rivers Sewell Brumby Hon. Paul Smith Hon. Buddy Childers Hon. Roger Byrd
House of Representatives Atlanta
November 30, 2001
Honorable Larry O'Neal P.O. Drawer 730 Warner Robins, GA 31099
Dear Representative O'Neal:
I am this date appointing you to the following committees:
Judiciary Banks & Banking Journals
Sincerely,
/s/ Thomas B. Murphy
TBM/tl
cc: Paul Lynch Robbie Rivers Sewell Brumby Hon. Tom Bordeaux Hon. Butch Parrish Hon. Doug Teper

MONDAY, JANUARY 14, 2002

11

State Representative Steve Stancil 330 Lori Lane
Canton, Georgia 30114
December 12, 2001
The Honorable Roy Barnes Governor of Georgia State Capitol Atlanta, GA 30334
Dear Governor Barnes:
Pursuant to OCGA 45-5-5, I notify you that effective immediately I resign my position as the State Representative serving the people of Cherokee County in the 16th House District.
Georgia law (OCGA 21-2-544) gives you wide latitude in calling a special election to fill the vacancy created by this resignation. I ask you on behalf of the people of Cherokee County and the 16th House District to schedule the special election to choose my successor as soon as Georgia law allows, which will allow a special election before the 2002 General Assembly convenes next month.
I know you share my desire that every legal means be employed to insure representation for those people in the upcoming legislative session. As a person who will be a constituent of the new representative from the 16th District, I thank you in advance for your willingness to quickly schedule this special election.
Sincerely,
/s/ Steve Stancil Representative Steve Stancil 16th District
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

12

JOURNAL OF THE HOUSE

January 7, 2002

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE THIRD CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT THIRD DISTRICT STATE

TRANSPORTATION BOARD MEMBER

Pursuant to the provision of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation board from the Third Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 16, 2002, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Third Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Third Congressional district are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Sewell R. Brumby Legislative Counsel
SRB:df

Legislative Services Committee
Office of Legislative Counsel 316 State Capitol Atlanta, GA 30334

January 7, 2002

MONDAY, JANUARY 14, 2002

13

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE NINTH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT NINTH DISTRICT STATE

TRANSPORTATION BOARD MEMBER

Pursuant to the provision of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation board from the Ninth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 16, 2002, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Ninth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Ninth Congressional district are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:df

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

Amerson Anderson Ashe Bannister Barnard Barnes Bell Benfield Birdsong E Black Boggs Bordeaux Borders Bridges Brooks Broome Brown Buck

Cooper Cox Crawford Cummings Davis Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Epps Everett Floyd Forster Franklin Gardner Golick

Hugley Jackson, B Jackson, L James Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lucas Lunsford

Orrock Parham Parrish Parsons Pelote Pinholster Poag Porter Powell Purcell Randall Ray Reece Reed Reese Reichert Rice Richardson

Smith, B Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Smyre Snelling Snow E Squires Stallings Stephens Stokes E Taylor Teper Tillman Turnquest

14
Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Channell Childers Coan Coleman, B Coleman, T Collins Connell

JOURNAL OF THE HOUSE

Graves Greene Hammontree Harbin Harrell Heard Hembree Henson Hines Holland Houston Howard Hudgens Hudson, N Hudson, S

Maddox Mangham Manning Massey McBee McCall E McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal

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

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

The following members were off the floor of the House when the roll was called:
Representatives Cash of the 108th, Day of the 153rd, Dean of the 48th, Hanner of the 159th, Heckstall of the 55th, Irvin of the 45th, Jenkins of the 110th, Ragas of the 64th, Stanley of the 49th, Stanley of the 50th, and Teague of the 58th.
They wish to be recorded as present.

Prayer was offered by the Reverend Herman Parker, Pastor, First Baptist Church, Bremen, 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.

MONDAY, JANUARY 14, 2002

15

3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 989. By Representatives Smith of the 103rd, Yates of the 106th, Westmoreland of the 104th and Brown of the 130th:
A BILL to provide a homestead exemption from Coweta County School District ad valorem taxes for educational purposes in the amount of $40,000.00 for residents of that school district who are 65 years of age but less than 71 years of age, $60,000.00 for residents of that school district who are 71 years of age but less than 75 years of age, and $80,000.00 for residents of that school district who are 75 years of age or older; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 990. By Representatives Murphy of the 18th, Cummings of the 27th and Richardson of the 26th:
A BILL to create a new judicial circuit for the State of Georgia, to be known as the Paulding Judicial Circuit and to be composed of Paulding County; to provide for the judges and district attorneys of said new circuit and the Tallapoosa Judicial Circuit and their terms, selection, and compensation; to revise and restate certain provisions of law relating to the Tallapoosa Judicial Circuit and to enact provisions for the Paulding Judicial Circuit; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for the composition, terms of court, and number of judges of said circuits; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE

HB 991. By Representative Murphy of the 18th:
A BILL to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to insurers' maintenance and filing of rates, rating plans and systems, and certain other materials with the Commissioner of Insurance, so as to provide that the Commissioner shall require liability insurers to make certain rate filings; to provide that liability insurers shall be prohibited from maintaining certain excess loss reserves and under certain circumstances; and for other purposes.

Referred to the Committee on Judiciary.

HB 992. By Representative Lord of the 121st:
A BILL to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions concerning insurance, so as to make legislative findings; to provide that insurers subject to the filing provisions of Chapter 9 of Title 33 shall file the commission percentage as a separate expense item; and for other purposes.

Referred to the Committee on Insurance.

HB 993. By Representatives Everett of the 163rd, Pelote of the 149th, Poag of the 6th and Bridges of the 9th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate grits as the official processed food of the State of Georgia; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 994. By Representative Lord of the 121st:
A BILL to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide that owners and operators shall keep proof of minimum insurance coverage in all vehicles until January 31, 2003; to

MONDAY, JANUARY 14, 2002

17

provide that on and after February 1, 2003, proof of insurance for vehicles not insured under a commercial policy will be established by a state database of insurance coverage; and for other purposes.

Referred to the Committee on Insurance.

HB 995. By Representative Cummings of the 27th:
A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the minimum employee's contribution to such retirement system shall be 4 percent; and for other purposes.

Referred to the Committee on Retirement.

HB 996. By Representatives Walker of the 141st and Bordeaux of the 151st:
A BILL to amend of the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Judiciary.

HB 997. By Representatives Walker of the 141st and Bordeaux of the 151st:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE

HB 998. By Representatives Irvin of the 45th, Wilkinson of the 43rd, Massey of the 86th, Bridges of the 9th, Byrd of the 170th and others:
A BILL to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated relating to holidays and observances, so as to create a "911 Heroes Appreciation Day"; and for other purposes.

Referred to the Committee on Rules.

HB 999. By Representatives McKinney of the 51st, Stanley of the 50th, Stanley of the 49th, Dean of the 48th, Brooks of the 54th and others:
A BILL to provide legislative findings; to amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to distribution, storage, and sale of gas, so as to repeal Article 5, the "Natural Gas Competition and Deregulation Act;" and for other purposes.

Referred to the Committee on Industry.

HR 786. By Representatives Everett of the 163rd, Scheid of the 17th, Mosley of the 171st, Hudgens of the 24th, Campbell of the 42nd and others:
A RESOLUTION creating the House Study Committee for the Transfer of Operations of the Hartsfield Atlanta International Airport; and for other purposes.

Referred to the Committee on Rules.

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

HB 947 HB 948 HB 949 HB 950

HB 965 HB 966 HB 967 HB 968

MONDAY, JANUARY 14, 2002

19

HB 951 HB 952 HB 953 HB 954 HB 955 HB 956 HB 957 HB 958 HB 959 HB 960 HB 961 HB 962 HB 963 HB 964

HB 969 HB 970 HB 971 HB 972 HB 973 HB 974 HB 975 HB 976 HB 977 HB 978 HB 979 HR 740 SB 305 SB 311

Representative Walker of the 141st moved that all Bills and Resolutions on the General Calendar be recommitted to the Committees from whence they came.
The motion prevailed.

The following Resolution of the House was read and adopted:

HR 782. By Representative Walker of the 141st

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

The following Resolution of the House was read:

20

JOURNAL OF THE HOUSE

HR 783. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 16, 2002, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

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

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

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

Y O'Neal 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 E Squires Y Stallings Y Stanley

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

MONDAY, JANUARY 14, 2002

Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner 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
Hudgens

Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall E McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

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

21
Y Stanley-Turner Y Stephens Y Stokes E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

The following Resolution of the House was read:

HR 784. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 31, 2002, in the hall of the House of Representatives.

22

JOURNAL OF THE HOUSE

BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong E Black Y Boggs 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
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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hembree Y Henson

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

Y O'Neal 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
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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes E 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 Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

MONDAY, JANUARY 14, 2002

Y Hines Holland
Y Holmes Y Houston Y Howard Y Hudgens

Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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

23
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

The following Resolution of the House was read:

HR 785. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Norman S. Fletcher, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Friday, January 18, 2002, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Fletcher.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Fletcher.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

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

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Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield Y Birdsong E Black Y Boggs 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
Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines
Holland Y Holmes Y Houston Y Howard
Hudgens

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y 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

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

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 Stanley Y Stanley-Turner Y Stephens Y Stokes E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

Due to a mechanical malfunction, the vote of Representative Forster of the 3rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

MONDAY, JANUARY 14, 2002

25

Representative Mueller of the 152nd 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.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 473. By Senator Walker of the 22nd:
A resolution to notify the House of Representatives that the Senate has convened.
SR 474. By Senator Starr of the 44th:
A resolution to notify the Governor that the General Assembly has convened; and for other purposes.
The President has appointed as a committee of notification on the part of the Senate the following: Senators Starr of the 44th, Meyer von Bremen of the 12th, Dean of the 31st, Marable of the 52nd, Mullis of the 53rd, Brush of the 24th and Paul of the 40th.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 783. By Representatives Walker of the 141st and Skipper of the 137th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting

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JOURNAL OF THE HOUSE

the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
The President appointed as a committee of escort on the part of the Senate the following Senators: Stokes of the 43rd, Tanksley of the 32nd, Burton of the 5th, Kemp of the 3rd, Smith of the 25th, Jackson of the 50th and Cheeks of the 23rd.

HR 784. By Representatives Walker of the 141st and Skipper of the 137th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
HR 785. By Representatives Walker of the 141st and Skipper of the 137th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

The following Resolution of the Senate was read and adopted:

SR 474. By Senator Starr of the 44th:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.

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

Mr. Speaker:

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

HB 203 Do Pass, by Substitute HB 252 Do Pass HB 255 Do Pass, by Substitute

HB 842 Do Pass, by Substitute HB 947 Do Pass, by Substitute HB 949 Do Pass, by Substitute

MONDAY, JANUARY 14, 2002

27

HB 571 Do Pass HB 785 Do Pass

HB 955 Do Pass

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

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

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Representative Hall, Atlanta, Georgia Tuesday, January 15, 2002

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

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

Amerson Anderson Ashe Bannister Barnard Barnes Bell Benfield Birdsong E Black Boggs Bordeaux Borders Bridges Brooks Broome Brown Buck Bulloch Bunn Burmeister Byrd Campbell E Cash Childers Coleman, B Coleman, T

Collins Connell Cooper Cox Crawford Cummings Day Deloach, G Dodson Drenner Ehrhart Epps Everett Forster Franklin Gardner E Golick Graves Greene Hammontree Hanner Harbin Heard Hembree E Henson Hines E Holland

Houston Hudgens Hudson, N Hugley Jackson, B Jackson, L Jamieson Jennings Johnson Jordan Kaye Keen Knox Lane Lanier Lewis Lord Lunsford Mangham Manning Massey McBee E McClinton McKinney Millar Mills Morris

Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Porter Purcell Reece Reed Rice Richardson Roberts, D Rogers Royal Sanders Scheid Scott Seay Shanahan Shaw Sholar Sims Skipper

Smith, B Smith, C Smith, L Smith, P Smith, T Smith, V Snelling Snow Stanley Stanley-Turner Stephens E Taylor Teper Tillman Twiggs Unterman Walker, L E West Westmoreland Wiles Wilkinson Willard Williams, J Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Buckner of the 95th, Burkhalter of the 41st, Callaway of the 81st, Channell of the 111th, Coan of the 82nd, Davis of the 60th, Dean of the 48th, DeLoach of the 172nd, Dukes of the 161st, Floyd of the 138th, Harrell of the 62nd, Heckstall of the 55th, Howard of the 118th, Hudson of the 120th, James of the 140th, Jenkins of the 110th, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, Mobley of the 69th, Poag of the 6th, Powell of the 23rd, Ragas of the 64th, Randall of the

TUESDAY, JANUARY 15, 2002

29

127th, Ray of the 128th, Reichert of the 126th, Roberts of the 162nd, Sailor of the 71st, Sinkfield of the 57th, Smith of the 19th, Squires of the 78th, Stallings of the 100th, Stokes of the 92nd, Teague of the 58th, Turnquest of the 73rd, Walker of the 87th, and Watson of the 70th.
They wish to be recorded as present.

Prayer was offered by the Reverend D. Kirk Bozeman, Pastor, First United Methodist Church, Clayton, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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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 1000. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to authorize, by supplementary appropriation to the State of Georgia General Obligation Debt Sinking Fund, the issuance of not more than $620,730,000 in general obligation debt for educational facilities for county and independent schools, through the State Board of Education and the Georgia State Financing and Investment Commission; and for other purposes.

Referred to the Committee on Appropriations.

HB 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

Referred to the Committee on Appropriations.

HB 1002. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003; and for other purposes.

Referred to the Committee on Appropriations.

HB 1003. By Representatives Childers of the 13th, Orrock of the 56th, Henson of the 65th, Drenner of the 66th, Reece of the 11th and others:

TUESDAY, JANUARY 15, 2002

31

A BILL to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for the establishment of a telecommunications equipment distribution program; to authorize the use of surcharge funds for the administration and operation of the program; and for other purposes.

Referred to the Committee on Industry.

HB 1004. By Representatives Pinholster of the 15th and Twiggs of the 8th:
A BILL to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for additional requirements regarding the initiation of complaints and investigation of alleged violations; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1005. By Representative Pinholster of the 15th:
A BILL to amend Chapter 1 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions with regard to civil practice, so as to require mediation with respect to all civil actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 1006. By Representatives Franklin of the 39th, Joyce of the 1st, Coan of the 82nd, Wilkinson of the 43rd, Hammontree of the 4th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that military income received by a taxpayer who is a full or part time member of the military service or armed services of the United States or any reserve component thereof shall not be subject to state income tax; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 1007. By Representatives Franklin of the 39th, Joyce of the 1st and Coan of the 82nd:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption for the full value of the homestead for certain senior citizens with respect to all ad valorem taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1008. By Representatives Franklin of the 39th, Joyce of the 1st and Coan of the 82nd:
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 issuance of licenses, contents, signature requirements, and fingerprints; to change certain provisions relating to expiration and renewal of drivers' licenses and reexamination requirements; and for other purposes.

1-14-2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1008. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Franklin District 39

Referred to the Committee on Motor Vehicles.

TUESDAY, JANUARY 15, 2002

33

HB 1009. By Representatives Franklin of the 39th and Joyce of the 1st:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special and distinctive license plates for veterans; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1010. By Representative Massey of the 86th:
A BILL to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for reapportionment of districts for the election of members of the board of education; and for other purposes.

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

HB 1011. By Representative Massey of the 86th:
A BILL to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for reapportionment of districts for the election of members of the board of commissioners; and for other purposes.

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

HB 1012. By Representatives Ehrhart of the 36th, Westmoreland of the 104th and Lunsford of the 109th:
A BILL to amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to create the Major Airport Operations Board; and for other purposes.

Referred to the Committee on Transportation.

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HR 787. By Representatives Mosley of the 171st, Smith of the 169th, Byrd of the 170th, DeLoach of the 172nd, Stokes of the 92nd and others: A RESOLUTION designating US Highway 301 as the Public Safety and Veterans Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 788. By Representatives Ray of the 128th and James of the 140th: A RESOLUTION designating the Gamaliel Hilson Overpass; and for other purposes.
Referred to the Committee on Transportation.
HR 789. By Representatives Barnes of the 97th, Wix of the 33rd, Murphy of the 18th, Walker of the 141st, Buckner of the 95th and others: A RESOLUTION urging the board of regents to adopt a policy allowing paraprofessionals pursuing teaching degrees to substitute their past teaching experience for student teaching otherwise required for a degree; and for other purposes.
Referred to the Committee on Higher Education.
HR 790. By Representatives Mosley of the 171st, Smith of the 169th, Barnard of the 154th and DeLoach of the 172nd: A RESOLUTION designating the Shelton Isaiah DeLoach Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.

TUESDAY, JANUARY 15, 2002

35

HR 791. By Representatives Mosley of the 171st, Smith of the 169th, DeLoach of the 172nd and Barnard of the 154th:
A RESOLUTION designating SR 196 in Long County as Albert Shelton Swindell Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 792. By Representatives Holmes of the 53rd, Epps of the 131st, Mangham of the 75th and Brooks of the 54th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the restoration of the right to vote to persons convicted of a felony involving moral turpitude upon completion of the term of imprisonment; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 793. By Representative Bell of the 25th:
A RESOLUTION designating the Byrd M. Bruce Interchange; and for other purposes.

Referred to the Committee on Transportation.

HR 794. By Representatives Franklin of the 39th, Davis of the 60th, Jennings of the 63rd, Millar of the 59th, Yates of the 106th and others:
A RESOLUTION redesignating portions of SR 154 and SR 10 as Memorial Drive; to repeal Part 4 of a Resolution Act approved May 1, 2000 (Ga. L. 2000, p. 1894); and for other purposes.

Referred to the Committee on Transportation.

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HR 795. By Representatives Day of the 153rd, Stephens of the 150th, Bordeaux of the 151st, Jackson of the 148th, Mueller of the 152nd and others:
A RESOLUTION designating the Historic Savannah Parkway; and for other purposes.

Referred to the Committee on Transportation.

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

HB 989 HB 990 HB 991 HB 992 HB 993 HB 994

HB 995 HB 996 HB 997 HB 998 HB 999 HR 786

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 242 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:

TUESDAY, JANUARY 15, 2002

37

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 16.
The Bill, having received the requisite constitutional majority, was passed.

Representative Dean of the 48th 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.

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

HR 796. By Representatives Barnes of the 97th, Dodson of the 94th, Seay of the 93rd, Buckner of the 95th and Jordan of the 96th:
A RESOLUTION commending and congratulating Judy Serritella and inviting her to appear before the House of Representatives; and for other purposes.

HR 797. By Representatives Jennings of the 63rd, Smith of the 103rd, Benfield of the 67th, Ashe of the 46th and Manning of the 32nd:

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A RESOLUTION recognizing February 7, 2002, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives; and for other purposes.

HR 798. By Representative Royal of the 164th:
A RESOLUTION inviting the coaches, players, and cheerleaders of the Westwood High School Wildcats football team to appear before the House of Representatives; and for other purposes.

HR 799. By Representatives Lanier of the 145th and Lane of the 146th:
A RESOLUTION commending and inviting to appear before the House of Representatives the Statesboro High School football team; and for other purposes.

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

WEDNESDAY, JANUARY 16, 2002

39

Representative Hall, Atlanta, Georgia Wednesday, January 16, 2002

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 E Black Boggs Borders Bridges Brooks Broome Brown Buck Bulloch Bunn Burkhalter Burmeister Byrd Callaway Cash Childers Coan Coleman, B Coleman, T E Collins

Connell Cooper Cox Crawford Cummings Day Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Epps Everett Floyd Forster Franklin Gardner E Golick Graves Greene Hammontree Hanner Harbin Heard Hembree Henson Hines Holland

Houston Howard Hudgens Hugley Jackson, B Jackson, L James Jamieson Jennings Johnson Jordan Joyce E Kaye Keen Knox Lane Lanier Lewis Lord Lunsford Maddox Mangham Manning E McClinton McKinney Millar Mills Morris

Mosley Mueller O'Neal Orrock Parham Parsons Pelote Pinholster Porter Powell Purcell Ragas Randall Reichert Rice Richardson Roberts, D Roberts, L Royal Sanders Scheid Scott Seay Shanahan Shaw Sholar Skipper Smith, C

Smith, C.W Smith, L Smith, P Smith, T E Smith, V Smyre Snelling Snow Stallings Stephens Taylor Teper Tillman Turnquest Unterman Walker, L Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Williams, J Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Benfield of the 67th, Bordeaux of the 151st, Campbell of the 42nd, Davis of the 60th, Dean of the 48th, Dix of the 76th, Harrell of the 62nd, Heckstall of the 55th, Holmes of the 53rd, Hudson of the 120th, Hudson of the 156th, Irvin of the 45th, Jenkins of the 110th, Lucas of the 124th, Massey of the 86th, McCall of the 90th, Parrish of the 144th, Poag of the 6th, Reece of the 11th, Reed of the 52nd, Reese of the 85th,

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Rogers of the 20th, Sailor of the 71st, Sinkfield of the 57th, Smith of the 91st, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Stokes of the 92nd, and Twiggs of the 8th.
They wish to be recorded as present.

Prayer was offered by the Reverend Meg Jackson Clark, Pastor, Newnan Presbyterian Church, Newnan, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

WEDNESDAY, JANUARY 16, 2002

41

HB 980. By Representatives Wiles of the 34th and Ehrhart of the 36th:
A BILL to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of state budgetary and financial affairs, so as to provide that appropriated state funds shall not be made available or paid over to agencies or private corporations which refuse to cooperate with an investigation conducted by the United States Department of Justice; and for other purposes.
Referred to the Committee on Appropriations.
HB 982. By Representatives Kaye of the 37th, Bannister of the 77th, Bunn of the 74th, Coleman of the 80th and Hines of the 38th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for certain teachers or paraprofessionals with respect to qualified education expenses; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1013. By Representative Greene of the 158th:
A BILL to amend an Act reconstituting the Board of Education of Quitman County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1014. By Representative Greene of the 158th:
A BILL to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to

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specify the rate of reimbursement to counties from the Department of Corrections for housing state inmates in county jails; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1015. By Representative Greene of the 158th:
A BILL to amend an Act reconstituting the Board of Education of Clay County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

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

HB 1016. By Representative Greene of the 158th:
A BILL to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

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

HB 1017. By Representative Greene of the 158th:
A BILL to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to earned-time allowances and work incentive credits, so as to amend the provisions for the work incentive program; to authorize the Department of Corrections to create a work incentive program; and for other purposes.

Referred to the Committee on State Institutions & Property.

WEDNESDAY, JANUARY 16, 2002

43

HB 1018. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Stewart County, so as to change the description of the commissioner district; and for other purposes.

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

HB 1019. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Clay County, so as to provide new commissioner districts for the election of members of the board of commissioners; and for other purposes.

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

HB 1020. By Representative Smith of the 102nd:
A BILL to amend an Act relating to the Board of Commissioners of Harris County, so as to change the commissioner districts in said county; and for other purposes.

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

HB 1021. By Representatives Day of the 153rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Rogers of the 20th and others:
A BILL to provide a short title; to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to repeal certain provisions regarding river and harbor development; to provide for the regulation of maintaining navigation inlets, harbors, and rivers; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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HB 1022. By Representatives Borders of the 177th, Shaw of the 176th, Black of the 178th, Boggs of the 168th and Coleman of the 142nd:
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 a special license plate honoring the Boy Scouts of America; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1023. By Representative Smith of the 102nd:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to redistrict the Board of Education of Harris County; to change the description of the education districts; and for other purposes.

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

HB 1024. By Representatives Sims of the 167th and Buck of the 135th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used directly in the manufacture of parts for military aircraft, watercraft, or vehicles; and for other purposes.

1-15-2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1024. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Sims District 167

WEDNESDAY, JANUARY 16, 2002

45

Referred to the Committee on Ways & Means.

HB 1025. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Jamieson of the 22nd and Heard of the 89th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption with respect to urban transit systems; and for other purposes.

1-15-2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1025. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 135

Referred to the Committee on Ways & Means.

HB 1026. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Jamieson of the 22nd and Heard of the 89th:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1027. By Representatives Purcell of the 147th, Greene of the 158th and Floyd of the 138th:

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A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize the posting or reading of historical documents and writings, including the national motto of the United States of America, in public school buildings and classrooms and at any school event; and for other purposes.
Referred to the Committee on Education.
HB 1028. By Representatives Purcell of the 147th and Floyd of the 138th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified reforestation expenses; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1029. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act", so as to redefine a term; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1030. By Representatives Powell of the 23rd, Smith of the 19th, Shanahan of the 10th, Hanner of the 159th and McCall of the 90th:
A BILL to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that the department shall have the power and duty to promulgate rules governing the operation of land disposal sites for septic tank wastes that receive less than 50,000 gallons of such waste; to provide that no such facility shall operate after July 1, 2002, unless permitted by such department; to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of

WEDNESDAY, JANUARY 16, 2002

47

Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act"; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1031. By Representative Wiles of the 34th:
A BILL to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to authorize a county or municipality to designate one or more ambulance providers to deliver emergency medical services within its jurisdiction and to inform the local coordinating entity and the board or its designee of its decision; and for other purposes.

Referred to the Committee on Public Safety.

HB 1032. By Representatives McBee of the 88th, Murphy of the 18th, Walker of the 141st and Buck of the 135th:
A BILL to amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to create the Office of International Protocol and Citizenship Assistance; to provide for the powers, duties, and authority of the Secretary of State and the Office of International Protocol and Citizenship Assistance; and for other purposes.

Referred to the Committee on Rules.

HB 1033. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Article 2 of Chapter 6 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 exemptions for farming, agricultural, and forest management equipment; and for other purposes.

Referred to the Committee on Transportation.

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HB 1034. By Representatives Ray of the 128th, Hudson of the 156th, Royal of the 164th, Floyd of the 138th and Bell of the 25th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1035. By Representatives Jennings of the 63rd, Birdsong of the 123rd, Rogers of the 20th, Cummings of the 27th, Amerson of the 7th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the armed services of the United States stationed in a foreign country to a permanent change of station of six months or more as a result of military orders shall not be subject to state income tax; and for other purposes.
1-15-2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1035. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63
Referred to the Committee on Ways & Means.
HB 1036. By Representatives Murphy of the 18th, Coleman of the 142nd and Walker of the 141st:

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49

A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

Referred to the Committee on Appropriations.

HB 1037. By Representatives Murphy of the 18th, Coleman of the 142nd and Walker of the 141st:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003; and for other purposes.

Referred to the Committee on Appropriations.

HB 1038. By Representatives Murphy of the 18th, Coleman of the 142nd and Walker of the 141st:
A BILL to provide supplementary appropriations for the State Fiscal Year ending June 30, 2002, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; and for other purposes.

Referred to the Committee on Appropriations.

HB 1039. By Representative Poag of the 6th:
A BILL to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide that the court shall grant joint physical custody where custody of a child is at issue between the parents; to repeal the provision allowing courts to consider the desires of children between the ages of 11 and 14; to require courts to state which parent is the custodial parent; and for other purposes.

Referred to the Committee on Judiciary.

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HB 1040. By Representatives Powell of the 23rd, Connell of the 115th, Harbin of the 113th and Jackson of the 112th:
A BILL to amend Part 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to allow a traumatic burn care medical practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment arising out of the cause of action; and for other purposes.
1-16-2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1040. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Powell District 23
Referred to the Committee on Human Relations & Aging.
HB 1041. By Representatives Sims of the 167th and Buck of the 135th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of wax or dies used exclusively to manufacture molds used in the manufacture of parts of military aircraft, watercraft, or vehicles; and for other purposes.
1-15-2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1041. This notice is made prior to or upon reading the Bill the first time.

WEDNESDAY, JANUARY 16, 2002

51

/s/ Representative Sims District 167

Referred to the Committee on Ways & Means.

HR 800. By Representative Jamieson of the 22nd:
A RESOLUTION designating the WWII Veterans Memorial Intersection, the Korean War Veterans Memorial Intersection, and the Viet Nam Veterans Memorial Intersection; and for other purposes.

Referred to the Committee on Transportation.

HR 801. By Representative Sims of the 167th:
A RESOLUTION urging the Congress and the President of the United States to provide for the immunization of the general population against smallpox and polio myelitis; and for other purposes.

Referred to the Committee on Health & Ecology.

HR 802. By Representative Stallings of the 100th: A RESOLUTION compensating Barbara A. Daniell; and for other purposes.

Referred to the Committee on Appropriations.

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

HB 1000 HB 1001 HB 1002

HB 1011 HB 1012 HR 787

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HB 1003 HB 1004 HB 1005 HB 1006 HB 1007 HB 1008 HB 1009 HB 1010

JOURNAL OF THE HOUSE
HR 788 HR 789 HR 790 HR 791 HR 792 HR 793 HR 794 HR 795

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

HB 1008. By Representatives Franklin of the 39th, Joyce of the 1st and Coan of the 82nd:
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 issuance of licenses, contents, signature requirements, and fingerprints; to change certain provisions relating to expiration and renewal of drivers' licenses and reexamination requirements; and for other purposes.

The motion prevailed.

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 994 Do Pass

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

WEDNESDAY, JANUARY 16, 2002

53

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 639 Do Pass, by Substitute HB 990 Do Pass, by Substitute
Respectfully submitted, /s/ Bordeaux of the 151st
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 918 Do Pass HB 919 Do Pass HB 989 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:

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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.

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

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.

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

HB 989. By Representatives Smith of the 103rd, Yates of the 106th, Westmoreland of the 104th and Brown of the 130th:
A BILL to provide a homestead exemption from Coweta County School District ad valorem taxes for educational purposes in the amount of $40,000.00 for residents of that school district who are 65 years of age but less than 71 years of age, $60,000.00 for residents of that school district who are 71 years of age but less than 75 years of age, and $80,000.00 for residents of that school district who are 75 years of age or older; and for other purposes.

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

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

WEDNESDAY, JANUARY 16, 2002

55

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
Benfield Y Birdsong E Black Y Boggs 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 Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

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

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

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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

Representative Benfield of the 67th 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.

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Representative Purcell of the 147th arose to a point of personal privilege and addressed the House.

Representative Wiles of the 34th arose to a point of personal privilege and addressed the House.

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

HB 842. By Representatives Walker of the 141st, Cummings of the 27th, Shanahan of the 10th, Skipper of the 137th, Lunsford of the 109th and others:
A BILL to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that state court clerks may be members of such retirement fund; to define certain terms; to change the membership of the board of commissioners of such retirement fund; to increase the annual allowable cost of living increase in benefits; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that state court clerks may be members of such retirement fund; to define certain terms; to change the membership of the board of commissioners of such retirement fund; to provide for additional fees to be charged in the state courts; to provide a limitation on service which may be used for purposes of such chapter; to provide for up to 20 years of creditable service for prior service as a state court clerk; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Retirement Fund of Georgia, is amended by striking paragraphs 2 and 3 of

WEDNESDAY, JANUARY 16, 2002

57

Code Section 47-14-1, relating to definitions, and inserting in lieu thereof, respectively, the following:
"(2) 'Clerk' means: a (A) A clerk of the superior court; or (B) A clerk of a state court, where the clerk of such state court is someone other than the clerk of the superior court.
(3) 'Deputy clerk' means: a (A) A deputy of a clerk of the superior court, appointed under Code Section 15-659; or (B) A deputy clerk of a state court appointed as provided by law."
SECTION 2. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 47-14-20, relating to the creation of the board of commissioners of such retirement fund, membership of the board, quorum, and compensation and expenses, and inserting in lieu thereof the following:
"(3) Five superior court clerks who shall be members of the fund, provided that at least one but not more than two of such clerks shall be retired clerks receiving retirement benefits pursuant to this chapter."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 47-14-20, relating to the creation of the board of commissioners of such retirement fund, membership of the board, quorum, and compensation and expenses, and inserting in lieu thereof the following:
"(c) The board shall elect a chairman chairperson from the clerks serving as members of the board who actively hold office as superior court clerks. The term of the chairman chairperson shall be established by rules of the board."
SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-14-50, relating to payments to fund from fines and bonds collected in criminal and quasi-criminal cases, duty of collecting authority to record and remit, and penalty for late payment, and inserting in lieu thereof the following:
"(a) The sum of $1.75 shall be paid to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law if the case is tried in any court of this state in which a the clerk of the superior court is clerk, provided that such fine or bond is at least $5.00 such court is eligible for membership in this retirement fund. The collecting authority shall pay such amounts to the board each quarter or at such other times as the board may provide. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided for in this chapter. In

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all counties having a population of more than 600,000 according to the United States decennial census of 1990 or any such future census, where the compensation of the clerk is on a salary basis, this Code section shall not apply."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 47-14-51, relating to payments to fund from fees collected in certain civil actions and for recording of instruments pertaining to real estate, records, audit of records, and use of sums remitted, and inserting in lieu thereof the following:
"47-14-51. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk of the superior court eligible for membership in this retirement fund is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts. (b) In addition to all other legal costs, the sum of 50 shall be charged and collected in addition to any other fees or costs for the processing of all instruments pertaining to real estate filed in the superior courts. (c) The clerks of the superior courts shall collect the fees provided for in subsections (a) and (b) of this Code section and the fees so collected shall be remitted to the board on a quarterly basis or at such time as the board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter."
SECTION 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-14-70, relating to eligibility for retirement benefits, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, and inserting in lieu thereof the following:
"(a) A member with at least 20 years of service shall receive retirement benefits of $1,700.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the members retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for

WEDNESDAY, JANUARY 16, 2002

59

purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the members eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. No member who is subject to the provisions of Code Section 15-6-50 shall be entitled to include, for purposes of eligibility to receive a benefit under this chapter, service during which he or she was not in compliance with the training requirements of subsection (c) of such Code section."
SECTION 7. Said chapter is further amended by inserting immediately following Code Section 47-1477 a new Code section to read as follows:
"47-14-78. Any member of this retirement system who, prior to becoming a member, served as a clerk of a state court in which the clerk is someone other than the clerk of the superior court shall be entitled to not more than 20 years of creditable service for such prior service. Any such member shall make application to the board in such form and providing such documentation of such prior service as the board deems necessary."
SECTION 8. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

Y O'Neal 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 E Smith, V Y Smyre Y Snelling

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Y Benfield Y Birdsong E Black Y Boggs 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
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

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

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

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

Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

HB 203. By Representatives Mills of the 21st, Coleman of the 80th, Smith of the 102nd, Kaye of the 37th, Manning of the 32nd and others:
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.

The following Committee substitute was read and adopted:

WEDNESDAY, JANUARY 16, 2002

61

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; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-4-101 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, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the members lifetime. The amount of each monthly retirement payment shall be $12.00 $20.00 multiplied by the number of the members years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future. If the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $9.50 $12.00 multiplied by the members years of creditable service."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong E Black Y Boggs 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 Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y 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 E Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

Representative Smith of the 102nd was excused from voting during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 252. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-7A-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Class Nine Fire Department Pension Fund, so as to provide that certain members shall be entitled to an increase in the maximum monthly retirement benefit equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service in excess of 25 years; and for other purposes.

The report of the Committee, which was favorable to the 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 Benfield Y Birdsong E Black Y Boggs Y Bordeaux
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 Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E 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
Floyd Y Forster Y Franklin Y Gardner 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 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 Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall E McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris

Y O'Neal 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 Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R
Wix Y Yates

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Y Connell Y Cooper

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Howard Y Hudgens

Y Mosley Mueller

Y Skipper Y Smith, B

Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Sims of the 167th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Smith of the 169th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 255. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Firefighters' Pension Fund, so as to provide that certain members shall be entitled to an increase in the maximum monthly retirement benefit equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service in excess of 25 years; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Coded Section 47-7-61 of the Official Code of Georgia Annotated, relating to tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalties, so as to change certain reporting procedures; to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Firefighters Pension Fund, so as to provide that certain members shall be entitled to an increase in the maximum monthly retirement benefit equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service in

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excess of 25 years; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-7-61 of the Official Code of Georgia Annotated, relating to tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalties, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(a)(1) Every fire insurance company, corporation, or association doing business within this state and writing fire, lightning, or extended coverage, inland marine or allied lines, or windstorm insurance policies covering risks located within this state shall on or before April 1 of each year file a return with and pay to the Georgia Firefighters Pension Fund a tax of 1 percent of the amounts properly reported for the calendar year preceding the filing of such return on the Exhibit of Premiums and Losses of the Annual Statement form for property and casualty insurance companies adopted by the National Association of Insurance Commissioners as required by Title 33 or by the regulations of the Commissioner of Insurance with respect to business conducted within this state to be filed by such company, corporation, or association with the Commissioner of Insurance, as follows:
(A) One hundred percent of the gross direct premiums written for fire insurance coverage, less the exclusions permitted by paragraph (2) of this subsection, as required to be reported on line 1, column (2) of the Exhibit of Premiums and Losses; (B) Fifty percent of the gross direct premiums written for allied lines insurance coverage, less the exclusions permitted by paragraph (2) of this subsection, as required to be reported on line 2.1, column (2) of the Exhibit of Premiums and Losses; (C) Sixty-five percent of the gross direct premiums written for homeowner's multiple peril coverage, less the exclusions permitted by paragraph (2) of this subsection, as required to be reported on line 4, column (2) of the Exhibit of Premiums and Losses; (D) One hundred percent of the gross direct premiums written for commercial multiple peril coverage, less the exclusions permitted by paragraph (2) of this subsection, as required to be reported on line 5.1, column (2) of the Exhibit of Premiums and Losses; (E) Thirty percent of the gross direct premiums written for inland marine insurance coverage, as required to be reported on line 9, column (2) of the Exhibit of Premiums and Losses; (F) Twelve percent of the gross direct premiums written for private passenger automobile physical damage insurance coverage, as required to be reported on line 21.1, column (2) of the Exhibit of Premiums and Losses; and

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(G) Twelve percent of the gross direct premiums written for commercial automobile physical damage insurance coverage, as required to be reported on line 21.2, column (2) of the Exhibit of Premiums and Losses."
SECTION 2. Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Firefighters Pension Fund, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e)(1) Any eligible member who retires after July 1, 1984, shall be entitled to an increase in the maximum monthly retirement benefit in effect at the time of his or her retirement under this Code section equal to 1 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a firefighter or volunteer firefighter in excess of 25 years of creditable service. (2) Any eligible member who retires after July 1, 2002, shall be entitled to an increase in the maximum monthly retirement benefit in effect at the time of his or her retirement under this Code section equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a firefighter or volunteer firefighter in excess of 25 years of creditable service. Such increase shall be the total increase allowed by this subsection."
SECTION 3. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe

Y Cox Y Crawford Y Cummings Y Davis

Y Hudson, N Y Hudson, S Y Hugley Y Irvin

Y O'Neal Y Orrock Y Parham Y Parrish

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

Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux
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 Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

WEDNESDAY, JANUARY 16, 2002

Y Day Dean
Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner 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 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 Manning Y Massey Y McBee Y McCall E McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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
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

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Y Smith, T E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

Representative Kaye of the 37th was excused from voting during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 785. By Representatives Smith of the 169th, Cummings of the 27th, Smyre of the 136th, Hudgens of the 24th and McBee of the 88th:
A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state authorities in the Employees' Retirement System of Georgia, so as to

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provide for membership in such retirement system by employees of the Georgia Rail Passenger Authority; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong E Black Y Boggs Y Bordeaux
Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner
Bulloch Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E 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
Floyd Y Forster Y Franklin Y Gardner 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 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 Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall E McClinton Y McKinney
Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y 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 Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

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Representative Benfield of the 67th 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 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.

The report of the Committee, which was favorable to the 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 Benfield Y Birdsong E Black Y Boggs Y Bordeaux
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 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
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree

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

Y O'Neal Y Orrock Y Parham
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 Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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

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

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Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard Y Hudgens

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Willard Y Williams, J Y Williams, R 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.

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

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 783 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

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

Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly:
It is ironic that exactly 10 years ago on January 16, 1992 my predecessor, Zell Miller, came before you to give his annual budget address.
At that time, the whole country was stuck in an economic recession and Georgia had not been spared.
Thousands of Georgians had lost their jobs, and state revenues had fallen short of projections. Most ominous of all, the spirit of optimism that had fueled Georgia's tremendous growth was in danger of fading.

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Something had to be done.
Fortunately, Governor Miller and the Legislature had the courage and vision to act. They acted prudently and wisely, but they also acted boldly.
They had already come here for a special session to cut the budget, in the summer of 1991. Many of you were here for that painful session.
And when Governor Miller came before the General Assembly in January of 1992 to talk about the budget, he focused on what this body could do to stimulate Georgia's weakened economy.
Governor Miller's solutions streamlining government to cut costs, while launching an aggressive building program to create jobs and pump money into Georgia's economy were right on the money.
That is borne out by the unprecedented prosperity and growth this state enjoyed over the past decade.
Today, we all know that Georgia was the fastest-growing state in the eastern United States during the 1990s. But we shouldn't take that for granted, because in those uncertain days of 1992, nothing was guaranteed.
Our state has prospered because the leaders who were here 10 years ago were up to the challenge that confronted them.
Today, we face a challenge of our own.
The ideas I presented to the appropriations committees last week are based on solutions that worked in the past. I believe they can work again, if we let them.
Of course, there have already been naysayers.
And to them I say this if you are against creating jobs, constructing the classrooms and schools we need to educate our children or building the roads we need for economic development throughout the state. Or, if you are against tax relief fine, we'll just have to disagree.
But I suggest to each of you here today that now is the time to position this state for our future. To make both tough decisions and sound investments that will pay off exponentially as our economy recovers.

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We need to tighten our belts, but protect the services our citizens depend on.
We need to cut taxes to put more money in the hands of Georgians not raise taxes, as some states are actually considering in order to make ends meet during these trying times.
We need to take advantage of our excellent bond rating, coupled with today's low interest rates and competitive construction costs, to launch a building program that will not only create thousands of much-needed jobs, but will also give us the new schools and roads we need.
"Locking in" at these great terms to finance our long-term needs is smart fiscal policy ... if you don't believe me, just ask the thousands of families that have bought or refinanced a home lately.
We need to do all of these things. But most important of all, we need to step up to the challenges of the present if we want to be strong in the future. We must be prudent, as we always are ... but we must also have the courage to act.
As our junior senator said a decade ago, when he was governor and was facing a similar crisis, "We cannot allow our doubts of today to stand in the way of our realization of tomorrow."
Now, if we look beyond the storm clouds of today, we can see a bright future.
We knew this downturn was coming, because economic cycles are inevitable, and you can't avoid them, any more than you can repeal the law of gravity.
The downturn was hastened, at least partially, as a result of the events of September 11th. We were shocked by that event, but we were prepared for this bad economy.
In fact, we are better prepared than almost any other state.
I'm sure you've seen, as I have, the headlines from newspapers around the around the country:
"South Carolina Schools Bleed from Budget Cuts"; "Nebraska Budget Cuts May Lead to Job Losses"; "Florida Schools To Take Brunt of Proposed Budget Cuts"; or, "Iowa Budget Cuts Could Raise Property Taxes"
No, the news in Georgia is not as good as we would like it to be ... but it is not nearly as bad as in other states.

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Our reserves are full, which will continue to cushion us from economic uncertainty in the future, and help us preserve our excellent bond rating.
While we have had to make budget cuts, we have not been forced to eliminate state services.
Layoffs are not on the table ... and neither is raising taxes.
The budget I present to you today focuses on the things that are most important for Georgia's future:
Educating our children.
Keeping people healthy.
Protecting our quality of life, and our environment.
And continuing to provide tax relief to the citizens of this state.
Now, thanks to the conservative fiscal policies of this General Assembly, the people of Georgia have benefited from many forms of tax relief over the past decade.
We removed the sales tax from groceries ...
We repealed the intangibles tax ...
We reduced the unemployment tax ...
And we cut the income tax six different ways!
This year, taxpayers could use another break. So I am recommending almost $350 million in property tax relief.
This will return nearly $200 to the average homeowner this year, and is the fourth installment in our promise to raise the homestead exemption to $50,000.
Giving money back to Georgia families allows them to spend it on home improvements, vacations, or to pay off bills. That, in turn, will provide a much-needed boost to our economy.
When you look at our annual budget, you'll see that over half of it goes to education from pre-K all the way through college and continuing education.

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That is appropriate, because there is no greater service we can provide to the people of Georgia ... no greater advantage we can give them ... than the opportunity to learn.
And it is never too early to begin.
Conventional wisdom used to be that a child's brain did not really start to develop until they were about the age for kindergarten or first grade. Now we know that a large amount of the brain's development occurs during the first three years after a child is born.
The mission of the Georgia Early Learning Initiative, or GELI, is to improve learning during those earliest days.
I would be remiss if I didn't mention my wife, Marie, who has made this issue her number one priority. She has been to every corner of this state on behalf of GELI, to promote the importance of reading and quality childcare.
GELI has developed a pilot, tiered reimbursement program for childcare providers to encourage them to meet the highest standards in childcare by improving programs and facilities. I am recommending an additional $1.6 million in funding to expand the pilot program to four more counties bringing the total funding for GELI to $7.6 million this year.
At a higher level of reimbursement, these providers should be able to maintain those standards and provide our youngest children with a quality learning environment.
Georgia's pre-K program is nationally recognized as one of the best. We reach a higher proportion of four-year olds than any other state in the nation over 62,000 last year and no child who wants to attend is turned away.
Children who attend pre-K develop the academic and social skills they need to succeed when they start school. So I am recommending to you today $240 million in lottery proceeds so that we can continue to maintain and grow this important program.
As you know, for the past three years we have focused a great deal of our attention on K12 education in Georgia.
And our hard work is starting to produce results.
We've seen improved test scores and reading skills in schools with lower class size.
Parents are excited about the opportunity to get more involved by participating in school councils.

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And this year, I am proud to say, we added 310 new National Board Certified teachers to our ranks bringing us that much closer to our goal of 1,000 National Board Certified teachers in Georgia by 2004.
Achieving this certification is not easy it takes a lot of time and hard work. The teachers who successfully complete this program deserve to be rewarded.
Last year, I recommended and you agreed to fund a portion of the cost for attaining certification.
This year, I am recommending $1.8 million dollars, for a total of $2.4 million, for a 10% salary supplement to be based on annual salary for the 426 National Board Certified teachers in our state.
This is an increase from the present salary supplement, which was based on a teacher's salary at the time of certification and never increased.
And for all of our teachers, I am recommending a 3.5% pay raise, which will keep Georgia teacher salaries at the top in the Southeast, and also maintain them at the national average.
Now, I know we all wish we could do more for our teachers and we will do more. But I also think we can be proud of what we already have done.
If you agree with my recommendations, we will have raised the teacher salary schedule, or the portion funded by the state, by over 50% in just 9 years.
Look all around us where other states, like Louisiana, are having to increase taxes just to keep salaries at current levels ... or Iowa, where they are implementing a hiring freeze ... or Alabama, where they were forced to open the school year with almost seven hundred fewer teachers than the year before, due to budget cuts.
The fact is, by providing a 3.5 percent raise in this tight budget, we continue to show our commitment to our teachers.
Because our teachers are the best-paid in the Southeast, we have been able to attract experienced teachers from other states. But even with competitive salaries, we have a teacher shortage in Georgia.
That is why we launched the Georgia Teacher Alternative Preparation Program earlier this year offering an opportunity for degreed professionals to enter the teaching profession.

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We were overwhelmed by the success of this program 4,000 people applied for only 750 positions.
These new teachers had each already had successful careers as architects and businessmen, engineers and scientists, accountants and writers and lawyers.
Now, they are sharing their knowledge and experience with our children.
In the FY2002 amended budget, I have recommended $65,000 to create a database to keep track of those who enter the Georgia TAPP program. In addition, I am recommending $1 million in the budget I present to you today to fund another 750 new teachers this year doubling the program to 1500 - as well as an evaluation of the program and its impact on student achievement.
President Bush's promise to "leave no child behind" has become the national mantra for education reform.
I agreed with what President Bush did in Texas when he was governor there, and I supported wholeheartedly the national education bill he recently signed. In fact, a lot of the same things we're doing here were already done in Texas, and will now be done at the national level.
If we truly want to make sure that no child is left behind, we must have accountability in our schools. President Bush knows it ... we know it ... and the parents of Georgia know it.
That is why I am recommending an additional $12.7 million, which would provide a total of $23.7 million, to continue school improvement programs.
If a school is failing, then we are failing those children.
School improvement teams help identify problems ... and most important, they help work toward solutions.
The accountability system we are building will help us keep track of the schools that need extra help.
That's why I am recommending an additional $7.2 million to continue the implementation of the criterion referenced competency testing program.
Beginning this spring, every child in grades one through eight will be tested in reading, language arts and math. And every child in grades three through eight will be tested in science and social studies.

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The tests are written by Georgia teachers, and based on Georgia's curriculum. The results will not only give us a picture of how the school is doing as a whole, they will allow us to see if a child has learned the skills he or she needs to go forward to the next grade. That way, no child will be left behind because he or she is unprepared.
I am also recommending $4.6 million to develop end-of-course tests for our high school students. When fully implemented, these tests will be given in the core subjects each year of high school. They will eventually replace the current Georgia High School Graduation Tests.
Today, about 21% of college freshmen in Georgia are in some kind of remedial program because they graduated high school without the skills they needed to handle college coursework.
Not only has this forced our colleges to expand remedial programs, it often extends the amount of time it takes a student to complete their college coursework, and to graduate.
These end-of-course tests will allow us to give students extra attention in high school so they can enter college fully prepared ready to enter any area of study they choose.
Now, I mentioned that our education reform plan is similar in many ways to President Bush's. I think that's good, because we have already started to implement programs like testing, which will give us a head start in meeting the requirements of his plan.
The President's plan also gives us more federal funds for some of the things we're already doing. For example, it increases our share of Title I funding to more than $365 million an increase of $85 million over last year, according to the U.S. Department of Education. This is money for programs targeted at disadvantaged children. And it provides more than $75.2 million to train and retain skilled educators in Georgia.
As our state has grown dramatically over the past decade, our university system has also expanded not only in size, but in stature, too.
Grade point averages and SAT scores of entering freshmen have gone up at almost every institution, as have enrollments.
Every year, I invite high school valedictorians to the Governor's Mansion and I ask them where they have chosen to go to college. And every year, I hear from more and more that they have chosen to stay in the state even if they have been admitted to some of the nation's most prestigious schools.

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Here are some interesting numbers before the HOPE scholarship program was put into place, only 23% of our students who made between 1500 and 1600 on the SAT chose a Georgia school. Today, the exact opposite is true we keep 76% here in the state. The same is true for those scoring from the 1200s to the 1400s.
Many people don't realize how important this is to economic development ... but it is. That's because 70% of college graduates end up staying to work in the state where they graduate.
So by keeping our best students at Georgia colleges today, we are building a bettereducated workforce for the future. And an educated workforce is one of the best resources we can offer the high-tech and knowledge-based companies of today.
That's not the only way our university system is helping us build a stronger economy. Our 34 universities and colleges have developed several successful programs to promote economic development in our state.
ICAPP or the Intellectual Capital Partnership Program teams institutions with new or existing companies to create training programs that provide highly skilled workers to meet specific needs especially in the information technology field.
To date, this program has created over 6,000 jobs at 18 companies including Lockheed, UPS and Gulfstream.
That is why I am recommending an additional $1.5 million to expand the program into the health care arena where there is a growing demand for skilled workers, bringing our total investment in ICAPP to $4.6 million.
There are efforts underway at both the Metro Atlanta Chamber of Commerce and the Georgia Research Alliance to bring more biotech companies to Georgia. ICAPP is a perfect recruitment tool to help make this happen.
The Yamacraw Mission is another economic development success story. When Yamacraw was announced three years ago, our goals were to make Georgia a leader in broadband technology by creating at least 2,000 new jobs and bringing 10 new high-tech companies to Georgia within seven years.
Just three years later, 1,100 jobs have been created, and 3,100 more are projected to come on-line, at more than 30 companies that are Yamacraw partners.
It was Yamacraw seed capital funds that got five of those companies up and running.

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I am recommending $2.8 million, along with a combination of $7 million in bonds and general funds in the FY2002 amended budget, to provide a permanent home for Yamacraw and continue to grow the broadband industry in Georgia.
In these uncertain times, we cannot let up on any of our efforts to foster economic development.
The OneGeorgia Authority was created to promote economic development in the counties that need it the most, in the form of loans and grant programs that support regional strategies for growth.
The Authority has been funded with one-third of our annual tobacco settlement dollars, and I am recommending that we continue by allocating another $65.4 million this year.
The great thing about OneGeorgia is how quickly we can make a difference. The last round of grants preserved or created jobs in Thomaston, Appling County and Jesup. And just last Friday, I went to Hancock County to announce 200 new jobs created because of a OneGeorgia grant.
When we keep our communities vibrant and keep people employed, we also have a better chance at keeping them healthy.
But for our neediest citizens who cannot afford health insurance, we need to provide other options for health care.
I am recommending an additional $235 million to cover growth in our Medicaid program, bringing our total investment this year to $1.28 billion.
No parent in Georgia should have to make a choice between taking a sick child to the doctor or buying groceries. So I am recommending an additional $20.4 million, for a total investment of $59 million, to cover similar growth the PeachCare for Kids program.
The Georgia PeachCare program is considered one of the best health insurance programs for children in the nation. In fact, Georgia ranks within the top five states with regard to the number of children enrolled.
PeachCare gives our neediest families who don't have health insurance the security of knowing that their children will get the health care they need ... and deserve.
Every child deserves good health care, just as every child deserves a loving home. But unfortunately, we know that even this most basic need is not being met for many children in Georgia.

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The most recent figures show that our Division of Family and Children Services investigated more than 54,000 allegations of child abuse in the year 2000 ... Sadly, more than 60 percent of those were confirmed as cases of abuse or neglect.
We have been working hard to address this problem and improve our child protective services. The budget proposal you have before you today includes more than $14 million in state funds ... combined with federal funds, this equals a $23 million investment in these children's future.
Because of the large investment we made last year, we've already seen some progress.
We're paying our caseworkers more, and giving them more training.
Last year, we funded 100 new caseworker positions to help lessen the individual caseload which was far too high. And I am recommending $4.3 million in this year's budget to add another 100 positions so that each one of these children can get the attention they deserve, and we can protect them from further harm.
I am also recommending $3.3 million to increase the number of support services that are available for families. By offering counseling, parent support services and in-home case management, we can help families stay together when that is a viable option.
The number of foster children in our care continues to grow. Last year I recommended, and you approved, raising the per diem assistance we provide the families who are willing to take these children into their homes.
This year, I am recommending $2.1 million so we can continue to provide that extra support.
And so we can make sure that we are monitoring the progress and meeting the needs of every child in our care, I am recommending $1.3 million to fund the use of Child and Adolescent Functional Assessment Scale tests to assess a child's well-being.
In addition, I announced last week that I am recommending $260,000 to help foster children over 21 years old reach their dream of a college education. The funds can be used for full time study at any Georgia public college, university or technical college. And, when combined with existing federal funds this will help 210 foster children stay enrolled in post-secondary education this fall.
One of our most important obligations is to protect the citizens of Georgia and safeguard their security.

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The events of September 11th showed how little we can take our security for granted, and how important it is to be prepared for any possibility.
The Georgia Department of Public Safety, the Georgia Emergency Management Agency, the Georgia Bureau of Investigation, the Department of Natural Resources and the Public Health Division have been working together to develop a plan for Homeland Security in Georgia.
The plan includes the creation of the Georgia Information Sharing and Analysis Center at the Georgia Bureau of Investigation to serve as a single location for collecting and analyzing information as it pertains to potential threats to the state of Georgia. I have recommended $377,000 in this budget, and $1 million in the amended FY2002 budget, to match federal funds we will receive for this project.
We also are implementing plans to enhance our preparedness and response capabilities for bio-terrorism including increasing the number of epidemiologists, and developing a rapid communication network in collaboration with the FBI and the Centers for Disease Control.
To this end, I have recommended $2 million in this budget, along with almost $700,000 in the FY2002 amended budget, to match federal funds.
I never thought that as Governor I'd have to worry about the sweeping security issues that September 11th made a priority. But now I know that we do, and between the two budgets I am presenting this year, there is a total of $6.3 million in funding for homeland security in Georgia.
To keep our streets safer and better manage our prison population, I am recommending $3.7 million to provide start-up and operating funds for a transitional center and two diversion centers. I'm also recommending $4.8 million so that an additional 1,120 county prison beds can come on-line.
I have also recommended more than $400,000 for 14 new positions at the GBI to help handle increased caseloads in the Intelligence, Financial Investigation and Health Care Fraud Units.
Last week, I announced proposed funding for four new drivers license facilities in metropolitan Atlanta.
While many areas of the state have seen problems, 34% of drivers licenses are issued in Cobb, DeKalb, Fulton and Gwinnett counties alone. So these four new facilities will help eliminate some of the worst lines.

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That is why I am recommending $4.1 million to fund 68 new positions at these four facilities.
I also announced last week that we would create new ways for drivers to renew their licenses through the mail, on the Internet, or over the telephone. I am recommending $3.2 million for the positions necessary to get these new options for renewal up and running, so we can eliminate even more of the long wait times throughout the state.
We depend on those who choose to work for state government to carry out all of these programs from drivers licenses to corporate registrations to running this Capitol building we are in today.
Last year, we continued our efforts to get state employee salaries closer to market salaries for similar positions.
We've made great progress in this effort over the past two years and we need to continue if we are going to recruit and retain top quality employees.
I am proposing a 2.5% performance based increase for employees of the executive, legislative and judicial branches, effective October 1, 2002.
In addition, I am proposing that we raise each salary range by 3% in order to bring our salaries closer to those of similar private sector positions.
And, I am recommending a 2% one time, lump sum bonus payment for those whose job performance "exceeds expectations" upon review. This is part of our "performance plus" plan that replaced GeorgiaGain last year.
Those are some of the proposals that are in this budget. There are many other things that could not be included this year, even though they might have been worthwhile.
Some years, preparing a budget seems relatively painless.
This is not one of those years. This year, we will need wisdom and courage to do what is best for our state.
Because Governor Miller and those who came before him had that wisdom and courage, Georgia has enjoyed tremendous prosperity and success over the last decade.
I hope that 10 years from today, our children will look back and say the same about us.
I hope they will be able to say that our leadership in a dark hour helped guide Georgia toward a bright future.

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Thank you. God bless America, and God bless the great state of Georgia.
Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 798 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 798. By Representative Royal of the 164th: A RESOLUTION inviting the coaches, players, and cheerleaders of the Westwood High School Wildcats football team to appear before the House of Representatives; and for other purposes.
The following communication was received:

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House of Representatives Atlanta
January 15, 2002
Honorable Karla Drenner PO Box 348 Avondale, Georgia 30002
Dear Karla:
Pursuant to your request, I am this date removing you from the Transportation Committee and placing you on the Natural Resources and Environment Committee.
Sincerely,
/s/ Thomas B. Murphy
TBM/tll
cc: Hon. Ralph Twiggs Hon. Bob Hanner Paul Lynch Robbie Rivers
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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Representative Hall, Atlanta, Georgia Thursday, January 17, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Eric W. Lee, Sr., Pastor, Springfield Baptist Church, Covington, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1042. By Representatives Lane of the 146th, Mosley of the 171st, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to classification of vessels and required equipment, so as to provide for required lifesaving equipment on certain vessels; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 1043. By Representative Amerson of the 7th:
A BILL to amend an Act creating the Board of Commissioners of Lumpkin County, so as to change the description of commissioner districts for the election of members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1044. By Representatives Ashe of the 46th, Jamieson of the 22nd, Houston of the 166th and Porter of the 143rd:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the exercise of discretion by local boards of education with regard to prohibiting electronic communication devices in schools; to delete a provision prohibiting such devices; and for other purposes.
Referred to the Committee on Education.

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HB 1045. By Representative Amerson of the 7th:
A BILL to provide for the filling of vacancies in the office of sheriff of Lumpkin County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1046. By Representative Amerson of the 7th:
A BILL to amend an act providing for the election of the members of the Board of Education of Lumpkin County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1047. By Representatives Franklin of the 39th and Joyce of the 1st:
A BILL to rename the Geo. L. Smith II World Congress Center as the Geo. L. Smith II American Heroes Center; to rename the Geo. L. Smith II World Congress Center Authority as the Geo. L. Smith II American Heroes Center Authority; to rename the Geo. L. Smith II World Congress Center Authority Overview Committee as the Geo. L. Smith II American Heroes Center Authority Overview Committee; to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated; to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated; to amend Article 3 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated; and for other purposes.
Referred to the Committee on Rules.
HB 1048. By Representatives Keen of the 174th, Buck of the 135th, DeLoach of the 172nd, Tillman of the 173rd and Mueller of the 152nd:
A BILL to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to shore protection, so as to provide that

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it shall be a violation to operate a motor vehicle over sand dunes or to store certain watercraft on sand dunes; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1049. By Representatives Childers of the 13th, Millar of the 59th, Stephens of the 150th, Henson of the 65th and Orrock of the 56th:
A BILL to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for public officers and employees, so as to provide for state employees to receive a leave of absence, with pay, for serving as an organ or bone marrow donor; to provide a definition of the term "organ"; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1050. By Representatives Irvin of the 45th, Snelling of the 99th, Cash of the 108th, Lunsford of the 109th and Wilkinson of the 43rd:
A BILL to amend Code Section 45-10-26 of the Official Code of Georgia Annotated, relating to the yearly filing of disclosure statements concerning business transactions with state by public officials and employees, so as to provide that such reports shall also include business transactions with political subdivisions of the state; and for other purposes.

Referred to the Committee on Rules.

HB 1051. By Representatives Irvin of the 45th, Cash of the 108th, Lunsford of the 109th and Wilkinson of the 43rd:
A BILL to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to change the limitations on transfers of campaign contributions; and for other purposes.

Referred to the Committee on Rules.

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HB 1052. By Representatives Powell of the 23rd, McCall of the 90th, Snow of the 2nd and Rogers of the 20th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for certain teachers or paraprofessionals; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1053. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County, so as to clarify the legislative power of the mayor; to clarify provisions concerning ante litem notice; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1054. By Representatives Hugley of the 133rd, Roberts of the 132nd, Taylor of the 134th, Buck of the 135th, Smyre of the 136th and others:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Georgia Bureau of Investigation to notify all elementary and secondary schools and day-care and group day-care centers within a county of the names and addresses of all registered sexual offenders residing within such county; and for other purposes.
Referred to the Committee on Public Safety.
HB 1055. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:

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A BILL to amend an Act creating the Athens-Clarke County Board of Elections and Registration, so as to change the composition and selection of the board; and for other purposes.

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

HB 1056. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to enact the Wildlife Violator Compact; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1057. By Representatives Lane of the 146th, Morris of the 155th, Mosley of the 171st, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide for the permissible possession of crabs lawfully taken from the waters of another state; to require certain proof of the point of origin; to provide that it shall be unlawful to take or possess a female blue crab bearing visible eggs; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1058. By Representatives Lane of the 146th, Morris of the 155th, Hudson of the 156th and Walker of the 141st:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the release of quail for purposes of dog training; to provide for marking and recovering such quail; to provide for the use of a shotgun with ammunition for dog training; and for other purposes.

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Referred to the Committee on Game, Fish & Parks.

HB 1059. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide for a maximum legal size of red drum; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1060. By Representatives Barnes of the 97th, Dodson of the 94th and Wix of the 33rd:
A BILL to enact the "Transportation Safety Act of 2002"; to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the powers of local governments as to airports, so as to provide for the powers of law enforcement officers at airports and landing fields; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possessing firearms, so as to broaden the applicability to transportation terminals; to provide for a prohibition of destructive and hoax devices and hazardous substances at public gatherings; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the "Bus and Rail Passenger Safety Act," so as to extend its provisions to air terminals and aviation transportation; and for other purposes.

Referred to the Committee on Transportation.

HB 1061. By Representatives Barnes of the 97th, Dodson of the 94th, Seay of the 93rd and Wix of the 33rd:
A BILL to amend Article 13 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to trials of certain misdemeanors in magistrate courts, so as to grant jurisdiction to magistrate courts in child abandonment cases; and for other purposes.

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Referred to the Committee on Special Judiciary.
HB 1062. By Representatives Barnes of the 97th, Dodson of the 94th, Seay of the 93rd, Wix of the 33rd and Buckner of the 95th:
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 add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1063. By Representatives Lucas of the 124th, Snow of the 2nd, Brooks of the 54th, Coleman of the 142nd, Walker of the 141st and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to provide a short title; to provide for a finding of legislative intent; to provide that the Public Service Commission shall develop a plan and promulgate rules for the selection, certification, and operation of a single regulated natural gas marketer; and for other purposes.
Referred to the Committee on Industry.
HB 1064. By Representatives Walker of the 141st, O'Neal of the 139th, Ray of the 128th and Floyd of the 138th:
A BILL to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to change provisions relating to additional eligibility requirements for the office of judge of the probate court in certain counties; to change the size of the counties in which such additional requirements shall be applicable; and for other purposes.
Referred to the Committee on Judiciary.

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HR 803. By Representative Irvin of the 45th: A RESOLUTION proposing an amendment to the Constitution so as to provide that legislative and congressional reapportionment shall be done by an independent, nonpartisan commission instead of the General Assembly; to provide for the establishment of such commission; and for other purposes.
Referred to the Committee on Rules.
HR 804. By Representatives Franklin of the 39th, Westmoreland of the 104th, Ehrhart of the 36th, Coan of the 82nd, Cooper of the 31st and others: A RESOLUTION amending the Rules of the House; and for other purposes.
Referred to the Committee on Rules.
HR 805. By Representative Lord of the 121st: A RESOLUTION designating that portion of State Route 15 within the corporate limits of Sandersville as a Blue Star Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 806. By Representatives Smith of the 169th, Ray of the 128th, Hudson of the 156th, Brooks of the 54th, Birdsong of the 123rd and others: A RESOLUTION creating the Joint Ethanol Production Study Committee; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:

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HB 980 HB 982 HB 1013 HB 1014 HB 1015 HB 1016 HB 1017 HB 1018 HB 1019 HB 1020 HB 1021 HB 1022 HB 1023 HB 1024 HB 1025 HB 1026 HB 1027

HB 1028 HB 1029 HB 1030 HB 1031 HB 1032 HB 1033 HB 1034 HB 1035 HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HB 1041 HR 800 HR 801 HR 802

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:

HB 1024. By Representatives Sims of the 167th and Buck of the 135th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used directly in the manufacture of parts for military aircraft, watercraft, or vehicles; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:

HB 1025. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Jamieson of the 22nd and Heard of the 89th:

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A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption with respect to urban transit systems; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Jennings of the 63rd moved that the following Bill of the House be engrossed:
HB 1035. By Representatives Jennings of the 63rd, Birdsong of the 123rd, Rogers of the 20th, Cummings of the 27th, Amerson of the 7th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the armed services of the United States stationed in a foreign country to a permanent change of station of six months or more as a result of military orders shall not be subject to state income tax; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Powell of the 23rd moved that the following Bill of the House be engrossed:
HB 1040. By Representatives Powell of the 23rd, Connell of the 115th, Harbin of the 113th and Jackson of the 112th:
A BILL to amend Part 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to allow a traumatic burn care medical practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment arising out of the cause of action; and for other purposes.
The motion prevailed.

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Pursuant to Rule 52, Representative Sims of the 167th moved that the following Bill of the House be engrossed:
HB 1041. By Representatives Sims of the 167th and Buck of the 135th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of wax or dies used exclusively to manufacture molds used in the manufacture of parts of military aircraft, watercraft, or vehicles; and for other purposes.
The motion prevailed.
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 799 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 1010 Do Pass HB 1011 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 1010. By Representative Massey of the 86th:
A BILL to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for reapportionment of districts for the election 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.
On the passage of the Bill, the ayes were 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.
HB 1011. By Representative Massey of the 86th:
A BILL to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for reapportionment of districts for the election of members of the board of commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 14.

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

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 989. By Representatives Smith of the 103rd, Yates of the 106th, Westmoreland of the 104th and Brown of the 130th:
A BILL to provide a homestead exemption from Coweta County School District ad valorem taxes for educational purposes in the amount of $40,000.00 for residents of that school district who are 65 years of age but less than 71 years of age, $60,000.00 for residents of that school district who are 71 years of age but less than 75 years of age, and $80,000.00 for residents of that school district who are 75 years of age or older; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 481. By Senator Walker of the 22nd:
A RESOLUTION relative to adjournment; and for other purposes.

Representative Reese of the 85th arose to a point of personal privilege and addressed the House.

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

HR 799. By Representatives Lanier of the 145th and Lane of the 146th:
A RESOLUTION commending and inviting to appear before the House of Representatives the Statesboro High School football team; and for other purposes.

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Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
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.
The following Committee substitute was read and adopted:
A BILL
To amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4706), so as to provide for a postretirement benefit increase; to provide for conditions precedent to the grant of such increase; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to continue the Fulton County School Employees Pension Fund," approved February 2, 1945 (Ga. L. 1945, p. 528) as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4706), as amended, is amended by inserting at the end of Article III a new subarticle to read as follows:
"SUBARTICLE E Increase of 2002.
SECTION 1. Subject to the terms and limitations of Section 3 of this subarticle, the monthly benefit of each person receiving a pension benefit from this pension fund shall be increased by the sum of $2.00 for each year that such person has been retired and additionally by a sum not to exceed $2.00 for each year of creditable service accredited to such person.

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SECTION 2. The benefit increase provided in Section 1 of this subarticle shall be granted to persons receiving beneficiary pensions based upon the retirement date and the years of creditable service of the individual whose death entitled such person to a benefit.
SECTION 3. No retirement benefit, including any pension received from the state, shall exceed the sum of $2,150.00 per month as a result of the increase in the monthly retirement provided in this subarticle.
SECTION 4. The board of education shall provide all funding necessary to implement the provisions of this subarticle as provided in subsection (e) of O.C.G.A. Section 47-20-50."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox

Y O'Neal 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 Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor

Y Broome Y Brown Y Buck Y Buckner E 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

THURSDAY, JANUARY 17, 2002

Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens

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

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

101
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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Heckstall of the 55th and Seay of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," approved February 2, 1945 (Ga. L. 1945, p. 528), as amended,

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particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4706), so as to change the provisions of such Act relating to the grant and calculation of cost-of-living benefit increases; to authorize the board of trustees of such retirement fund to grant such increase under certain conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to continue the Fulton County School Employees Pension Fund," approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4706), is amended by striking in its entirety Section 35 and inserting in lieu thereof the following:
"SECTION 35. Cost-of-living increase.
(a) Any other provision of this Act to the contrary notwithstanding, the pension benefits payable to members of this retirement fund shall be adjusted annually as provided in this subsection. The cost of living increases provided in this section shall be in lieu of any other cost of living adjustment provided by this Act. (b) Annually, on a date to be established by the board of trustees, the pension benefit being paid to each member who has received a benefit for at least two years; who would have been entitled to a cost-of-living increase under this section prior to its amendment; any beneficiary of any such member, and each beneficiary who has received a benefit for at least two years shall be increased by an amount equal to 3 percent of the pension benefit being received by each such person on that date. (c) The board of education shall provide all funding necessary to implement the provisions of this section as provided in subsection (e) of O.C.G.A. Section 47-20-50."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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103

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

Y Cox 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
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 E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

Representative Heckstall of the 55th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 994. By Representative Lord of the 121st:
A BILL to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide that owners and operators shall keep proof of minimum insurance coverage in all vehicles until January 3 1, 2003; to provide that on and after February 1, 2003, proof of insurance for vehicles not insured under a commercial policy will be established by a state database of insurance coverage; and for other purposes.

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

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

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

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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines Y Holland

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed
Reese Y Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R

Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, JANUARY 17, 2002

Y Holmes Y Houston Y Howard Y Hudgens

Y Mobley Y Morris Y Mosley Y Mueller

Y Sims Y Sinkfield Y Skipper Y Smith, B

105
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 Heckstall of the 55th 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 571. By Representative Jenkins of the 110th:
A BILL to amend Code Section 47-11-50 of the Official Code of Georgia Annotated, relating to payment to Judges of the Probate Courts Retirement Fund of Georgia of a portion of fees collected in connection with marriage licenses, the duty to record and report collection, interest, delinquent payments, and penalties, so as to provide for the payment into such fund of certain additional amounts; and for other purposes.

The report of the Committee, which was favorable to the 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 Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders Y 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 Y Ehrhart Y Epps Y Everett Y Floyd Y Forster

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 O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed
Reese

Y 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague

106
Y Brown Y Buck Y Buckner E Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

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Y Franklin Y Gardner
Golick Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard
Hudgens

Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley Y Mueller

Y Reichert Rice
Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

Representatives Heckstall of the 55th and Hudgens of the 24th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

HB 990. By Representatives Murphy of the 18th, Cummings of the 27th and Richardson of the 26th:
A BILL to create a new judicial circuit for the State of Georgia, to be known as the Paulding Judicial Circuit and to be composed of Paulding County; to provide for the judges and district attorneys of said new circuit and the Tallapoosa Judicial Circuit and their terms, selection, and compensation; to revise and restate certain provisions of law relating to the Tallapoosa Judicial Circuit and to enact provisions for the Paulding Judicial Circuit; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for the composition, terms of court, and number of judges of said circuits; and for other purposes.

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107

The following Committee substitute was read and adopted:
A BILL
To create a new judicial circuit for the State of Georgia, to be known as the Paulding Judicial Circuit and to be composed of Paulding County; to provide for the judges and district attorneys of said new circuit and the Tallapoosa Judicial Circuit and their terms, selection, and compensation; to revise and restate certain provisions of law relating to the Tallapoosa Judicial Circuit and to enact provisions for the Paulding Judicial Circuit; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for the composition, terms of court, and number of judges of said circuits; to repeal specific Acts; to provide for other related matters; to provide for an effective date and implementation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Effective July 1, 2002, there is created a new judicial circuit of the superior courts of this state to be known as the Paulding Judicial Circuit, which circuit shall be composed of Paulding County. There shall be a district attorney and two judges of the Paulding Judicial Circuit. The offices of judge and district attorney of the Paulding Judicial Circuit shall be filled as follows:
(1) The current district attorney of the Tallapoosa Judicial Circuit, Honorable James R. Osborne, who is a resident of Paulding County, shall become the district attorney of the Paulding Judicial Circuit. District Attorney Osborne shall serve out the current term of office for which he was selected, and his successor shall be elected by the voters of the Paulding Judicial Circuit at the 2002 general election next preceding the expiration of that term of office, and at the general election quadrennially thereafter, for a term of four years. A candidate for election to this office in 2002 or thereafter must be a resident of Paulding County; (2) Honorable William A. Foster, III, currently a judge of the Tallapoosa Judicial Circuit and a resident of Paulding County, shall become the chief judge of the Paulding Judicial Circuit. Judge Foster shall serve out the current term of office for which he was selected, and his successor shall be elected by the voters of the Paulding Judicial Circuit at the 2002 general election next preceding the expiration of that term of office, and at the general election quadrennially thereafter, for a term of four years. A candidate for election to this office in 2002 or thereafter must be a resident of Paulding County; and

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(3) The second judge of the superior court of the Paulding Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2002, and expiring December 31, 2004. A successor to the judge so appointed shall be elected by the voters of the Paulding Judicial Circuit at the 2004 general election, and at the general election quadrennially thereafter, for a term of four years. A candidate for appointment or election to this office in 2002 or thereafter must be resident of Paulding County.
SECTION 1-2. All proceedings and litigations, civil, equitable, and criminal, pending in the Superior Court of Paulding County at such time as it was a part of the Tallapoosa Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, and mesne and final proceedings, together with all books and records of any kind or character belonging to or issued, returnable, filed, pending, or commenced in such county, shall relate to, become a part of, and be transferred to the Paulding Judicial Circuit and its jurisdiction.
SECTION 1-3. In addition to the compensation and expenses paid from state funds, each judge of the superior courts of the Paulding Judicial Circuit shall receive a supplemental expense allowance of $18,000.00 per annum, payable in equal monthly installments from the funds of Paulding County.
SECTION 1-4. In addition to the compensation and expenses paid from state funds, the district attorney of the Paulding Judicial Circuit shall receive a supplemental expense allowance of $18,000.00 per annum, payable in equal monthly installments from the funds of Paulding County.
SECTION 1-5. The governing authority of Paulding County shall be authorized, but not required, to authorize the employment of assistant district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors, as authorized under Code Section 15-18-20 of the Official Code of Georgia Annotated.
PART II SECTION 2-1.
Effective with the creation of the Paulding Judicial Circuit, there shall be a district attorney and two judges of the Tallapoosa Judicial Circuit, except that for the period of time beginning July 1, 2002, and ending December 31, 2002, there shall be three judges of the Tallapoosa Judicial Circuit. The offices of the judges and district attorney of the Tallapoosa Judicial Circuit shall be subject to the following provisions:

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109

(1) The district attorney of the Tallapoosa Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2002, and expiring December 31, 2004. A successor to the district attorney so appointed shall be elected by the voters of the Tallapoosa Judicial Circuit at the 2004 general election, and at the general election quadrennially thereafter, for a term of four years. A candidate for appointment or election to this office in 2002 or thereafter must be a resident of Haralson County or Polk County; (2) Honorable Richard Sutton, currently a judge of the Tallapoosa Judicial Circuit and a resident of Polk County, shall remain as a judge of the Tallapoosa Judicial Circuit. Judge Sutton shall serve out the current term of office for which he was selected, and his successor shall be elected by the voters of the Tallapoosa Judicial Circuit at the 2002 general election next preceding the expiration of that term of office, and at the general election quadrennially thereafter, for a term of four years. A candidate for election to this office in 2002 or thereafter must be a resident of Haralson County or Polk County; (3) Honorable Michael Murphy, currently a judge of the Tallapoosa Judicial Circuit and a resident of Haralson County, shall remain as a judge of the Tallapoosa Judicial Circuit. Judge Murphy shall serve out the current term of office for which he was selected, and his successor shall be elected by the voters of the Tallapoosa Judicial Circuit at the 2004 general election next preceding the expiration of that term of office, and at the general election quadrennially thereafter, for a term of four years. A candidate for election to this office in 2004 or thereafter must be a resident of Haralson County or Polk County; and (4) Honorable F. Marion Cummings, currently chief judge of the Tallapoosa Judicial Circuit and a resident of Polk County, shall remain as chief judge of the Tallapoosa Judicial Circuit for the remainder of the current term of office for which he was selected. No successor to Judge Cummings shall be selected or take office, and at the expiration of his current term of office the number of judges of the Tallapoosa Judicial Circuit shall be reduced to two.
SECTION 2-2. In addition to the compensation and expenses paid from state funds, each judge of the superior courts of the Tallapoosa Judicial Circuit shall receive a supplemental expense allowance of $18,000.00 per annum, payable in equal monthly installments from the funds of Haralson and Polk counties. The governing authority of each such county shall pay that percentage of the total supplemental expense allowance that the population of the county bears to the total population of both such counties, according to the most recent United States decennial census.
SECTION 2-3. In addition to the compensation and expenses paid from state funds, the district attorney of the Tallapoosa Judicial Circuit shall receive a supplemental expense allowance of $18,000.00 per annum, payable in equal monthly installments from the funds of Haralson

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and Polk counties. The governing authority of each such county shall pay that percentage of the total supplemental expense allowance that the population of the county bears to the total population of both such counties, according to the most recent United States decennial census.
SECTION 2-4. The governing authorities of Haralson and Polk counties shall be authorized, but not required, to authorize the employment of assistant district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors, as authorized under Code Section 15-18-20 of the Official Code of Georgia Annotated. Any such authorization may be given by either county for any position to be paid from funds of that county or by concurrent action of both counties for any position to be paid jointly from funds of both counties.
PART III SECTION 3-1.
Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended in Code Section 15-6-1, relating to composition of judicial circuits, by adding a new paragraph (31.1) to read as follows:
"(31.1) Paulding Judicial Circuit, composed of the County of Paulding;" and by striking paragraph (38) and inserting in its place a new paragraph to read as follows:
"(38) Tallapoosa Judicial Circuit, composed of the Counties of Haralson, Polk, and Paulding and Polk;".
SECTION 3-2. Said article is further amended in Code Section 15-6-2, relating to numbers of superior court judges, by adding a new paragraph (31.1) to read as follows:
"(31.1) Paulding Circuit ............................................................................................... 2" and by striking paragraph (38) and inserting in its place a new paragraph to read as follows:
"(38) Tallapoosa Circuit .......................................................................................... 4 3".
SECTION 3-3. Said article is further amended in said Code Section 15-6-2 by again, at the later effective date specified in Part V of this Act, striking paragraph (38) and inserting in its place a new paragraph to read as follows:
"(38) Tallapoosa Circuit .......................................................................................... 3 2".

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111

SECTION 3-4. Said article is further amended in Code Section 15-6-3, relating to terms of court, by adding a new paragraph (31.1) to read as follows:
"(31.1) Paulding Circuit: Paulding County - Second Monday in January and July." and by striking paragraph (38) and inserting in its place a new paragraph to read as follows: "(38) Tallapoosa Circuit:
(A) Haralson County - Third Monday in January and August. (B) Paulding County - Third Monday in February and September. (C)(B) Polk County - Third Monday in March and July. Provided, however, that in the Tallapoosa Circuit, if the Monday set for the term of court to begin is a legal holiday, the term of court shall commence on the Tuesday next following that Monday."
PART IV SECTION 4-1.
The following Acts are repealed in their entirety: (1) An Act to provide salary supplements from county funds to the district attorney and judges of superior court of the Tallapoosa Judicial Circuit, approved April 9, 1999 (Ga. L. 1999, p. 4180); (2) An Act relating to an assistant district attorney for the Tallapoosa Judicial Circuit, approved April 10, 1991 (Ga. L. 1991, p. 4750); (3) An Act establishing terms of court for the Tallapoosa Judicial Circuit, approved April 11, 1979 (Ga. L. 1979, p. 519); (4) An Act creating the office of assistant district attorney for the Tallapoosa Judicial Circuit, approved April 15, 1975 (Ga. L. 1975, p. 437); and (5) An Act relating to the compensation of the district attorney (formerly solicitorgeneral) of the Tallapoosa Judicial Circuit, approved February 16, 1939 (Ga. L. 1939, p. 796), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 599).
PART V SECTION 5-1.
Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective July 1, 2002, except that:
(1) The provisions of this Act authorizing the Governor to make appointments and the provisions of this Act relating to the qualification and election of candidates in 2002 shall become effective for those purposes upon the approval of this Act by the Governor or upon its becoming law without such approval; and (2) Section 3-3 of this Act shall become effective January 1, 2003.

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SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Cox Crawford
Y Cummings Y Davis
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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
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 E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Y Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 0.

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113

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

Due to a mechanical malfunction, the vote of Representative Snelling of the 99th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Heckstall of the 55th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

The following Resolution of the Senate was read:

SR 481. By Senators Walker of the 22nd and Starr of the 44th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 18, 2002, and shall reconvene on Monday, January 28, 2002.
BE IT FURTHER RESOLVED that for the remainder of the 2002 regular session, unless otherwise provided by subsequent joint resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

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

Y Cox 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
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 E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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

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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

Representative Heckstall of the 55th 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:

THURSDAY, JANUARY 17, 2002

115

HR 807. By Representatives Buckner of the 95th, Manning of the 32nd, Ashe of the 46th, Holmes of the 53rd, Unterman of the 84th and others: A RESOLUTION recognizing the Atlanta Beat and inviting the team to appear before the House of Representatives; and for other purposes.
HR 808. By Representatives Forster of the 3rd, Snow of the 2nd, Hammontree of the 4th and Joyce of the 1st: A RESOLUTION commending and congratulating Beth Kellerhals and inviting her to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read:
HR 810. By Representatives Wilkinson of the 43rd, Willard of the 44th, Millar of the 59th and Irvin of the 45th: A RESOLUTION expressing regret at the passing of T. LaMar Sheats; and for other purposes.
HR 811. By Representative Jamieson of the 22nd: A RESOLUTION commending Warren Terrel Wilkinson; and for other purposes.
HR 812. By Representative Pinholster of the 15th: A RESOLUTION commending Dr. Floyd A. Falany; and for other purposes.
HR 813. By Representative Pinholster of the 15th: A RESOLUTION commending Honorable W. David Rogers; and for other purposes.

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HR 814. By Representative Pinholster of the 15th: A RESOLUTION commending Marguerite T. Cline; and for other purposes.
HR 815. By Representatives Cash of the 108th, Lunsford of the 109th, Sanders of the 107th and Watson of the 70th: A RESOLUTION commending and congratulating Rosetta Riddle; and for other purposes.
HR 816. By Representatives Kaye of the 37th, Teper of the 61st, Unterman of the 84th, Wilkinson of the 43rd and Lunsford of the 109th: A RESOLUTION honoring Rabbi Yossi and Mrs. Dassie New; and for other purposes.
HR 817. By Representative Royal of the 164th: A RESOLUTION commending the Westwood Wildcats varsity cheerleaders; and for other purposes.
HR 818. By Representative Royal of the 164th: A RESOLUTION commending the Westwood Wildcats football team; and for other purposes.
HR 819. By Representatives Mosley of the 171st, Smith of the 169th and Byrd of the 170th: A RESOLUTION recognizing and commending Jaquetta Murphy; and for other purposes.
HR 820. By Representative Ray of the 128th: A RESOLUTION commending Sandra Chance Neal; and for other purposes.

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117

HR 821. By Representative Jamieson of the 22nd: A RESOLUTION congratulating Toccoa Nursing Center; and for other purposes.
HR 822. By Representative Purcell of the 147th: A RESOLUTION expressing regret at the passing of Honorable Albert Dan "Big Al" Pridgen; and for other purposes.
HR 823. By Representative Pelote of the 149th: A RESOLUTION commending Romondo Stewart; and for other purposes.
HR 824. By Representative Pinholster of the 15th: A RESOLUTION commending Shane Burr; and for other purposes.
HR 825. By Representatives Cox of the 105th, Yates of the 106th, Lunsford of the 109th and Westmoreland of the 104th: A RESOLUTION recognizing and commending Mr. Bob Lenox; and for other purposes.
HR 826. By Representatives Childers of the 13th, Henson of the 65th, Stephens of the 150th and Orrock of the 56th: A RESOLUTION commending Pfizer, Inc. for its Pfizer for Life Share Card Program; and for other purposes.
HR 827. By Representative Parrish of the 144th: A RESOLUTION recognizing and commending Howard L. Youmans, Jr.; and for other purposes.

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HR 828. By Representatives Smith of the 91st and Royal of the 164th:
A RESOLUTION recognizing and commending Edward V. Milton; and for other purposes.

HR 829. By Representatives Barnes of the 97th, Dodson of the 94th, Buckner of the 95th and Seay of the 93rd:
A RESOLUTION commending Sharon Brown, the 2002 Clayton County Teacher of the Year; 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 Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner E Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox 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 Gardner 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
Irvin Y Jackson, B Y Jackson, L Y James Y 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
Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall 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 E Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J
Williams, R Wix Y Yates Y Murphy, Speaker

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119

On the adoption of the Resolutions, the ayes were 160, nays 0.
The Resolutions were adopted.
Representative Heckstall of the 55th 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 Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 996 Do Pass HB 997 Do Pass
Respectfully submitted, /s/ Bordeaux of the 151st
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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 960 Do Pass SB 59 Do Pass, by Substitute

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

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

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121

Representative Hall, Atlanta, Georgia Friday, January 18, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Phil Wilkes, Pastor, Forest Park Baptist Church, Forest Park, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
Representative Stephens of the 150th asked to be excused for the remainder of the day due to family illness.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1065. By Representatives Reichert of the 126th, Bordeaux of the 151st, Allen of the 117th and Crawford of the 129th:
A BILL to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to provide that summons may be served by private detectives; and for other purposes.
Referred to the Committee on Judiciary.
HB 1066. By Representatives Powell of the 23rd, Skipper of the 137th, Reichert of the 126th, Westmoreland of the 104th, Orrock of the 56th and others:
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 a limitation on the liability of certified child safety passenger technicians and sponsoring organizations; and for other purposes.
Referred to the Committee on Judiciary.
HB 1067. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd:
A BILL to amend an Act providing for the Board of Education of Troup County, so as to change the description of the education districts; and for other purposes.

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123

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1068. By Representatives Stephens of the 150th, Reece of the 11th, Cash of the 108th, Houston of the 166th, Jamieson of the 22nd 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 shall issue high school diplomas to certain veterans who failed to receive diplomas due to an interruption of their education by service in the Korean Conflict or the Vietnam Conflict; and for other purposes.
Referred to the Committee on Education.
HB 1069. By Representative Snelling of the 99th:
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 four years of age or younger, so as to change certain provisions relating to child safety restraint requirements; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1070. By Representatives Irvin of the 45th, Sims of the 167th, O'Neal of the 139th, Walker of the 141st and Lunsford of the 109th:
A BILL to amend Code Section 17-17-12 of the Official Code of Georgia Annotated, relating to notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal, so as to provide that, in cases in which the accused is convicted of a capital offense and receives the death penalty, it shall be the duty of the Attorney General to notify the victim's family of the filing and disposition of appeals from and other legal proceedings regarding such conviction and to provide the family with periodic reports on the status of such matters; and for other purposes.

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Referred to the Committee on Special Judiciary.

HB 1071. By Representatives Bannister of the 77th, Coleman of the 80th, Squires of the 78th, Callaway of the 81st, Mills of the 21st and others:
A BILL to amend an Act relating to the education districts for the election of the members of the Board of Education of Gwinnett County, so as to change the provisions relating to education districts for the board; and for other purposes.

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

HB 1072. By Representative Snelling of the 99th:
A BILL to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgment garnishment proceedings generally, so as to change certain provisions relating to contents and service of summons of garnishment and requirements as to filing of answer to summons; and for other purposes.

Referred to the Committee on Judiciary.

HB 1073. By Representatives Ashe of the 46th and Jamieson of the 22nd:
A BILL to amend Code Section 20-2-212.2 of the Official Code of Georgia Annotated, relating to persons receiving certification from the National Board of Professional Teaching Standards, so as to delete a requirement for completion of three years of teaching in Georgia public schools as a prerequisite for an increase in state salary and state payment of a portion of the national certification program participation fee; and for other purposes.

Referred to the Committee on Education.

HB 1074. By Representatives Coleman of the 142nd, Hudson of the 156th and Smith of the 169th:

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125

A BILL to amend Code Section 46-2-1 of the Official Code of Georgia Annotated, relating to the election and terms of office of the members of the Public Service Commission, so as to provide for the composition of the Public Service Commission Districts; and for other purposes.

Referred to the Committee on Industry.

HB 1075. By Representatives McBee of the 88th, Hudgens of the 24th, Heard of the 89th and Wix of the 33rd:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise certain provisions relating to athlete agents; to enact the Uniform Athlete Agents Act; and for other purposes.

Referred to the Committee on Industry.

HB 1076. By Representatives Kaye of the 37th, Bunn of the 74th, Hudgens of the 24th, Coleman of the 80th, Burmeister of the 114th 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 any required textbook for public post secondary schools; and for other purposes.

1/18/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1076. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Kaye District 37

Referred to the Committee on Ways & Means.

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HB 1077. By Representative Holmes of the 53rd:
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 the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund to participate in the state deferred compensation program; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1078. By Representatives Hugley of the 133rd, Heard of the 89th, Lord of the 121st, Stanley of the 49th and Taylor of the 134th:
A BILL to amend Chapter 26 of Title 33 of the Official Code of Georgia Annotated, relating to industrial life insurance, so as to provide that policyholders who are 65 years of age and older shall have the option to provide an additional contact person who shall be notified by the insurer prior to the lapse, termination, or cancellation of any industrial life insurance policy in the same manner as the policyholder; and for other purposes.
Referred to the Committee on Insurance.
HB 1079. By Representatives Jennings of the 63rd, Willard of the 44th, Dix of the 76th, Davis of the 60th, Hammontree of the 4th and others:
A BILL to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for certain theft offenses, so as to provide that it is the duty of the prosecuting attorney in prosecutions for theft by deception to provide specified information and a picture of any person convicted of such offense against elder persons or disabled persons; and for other purposes.
Referred to the Committee on Special Judiciary.

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127

HB 1080. By Representatives West of the 101st, Stallings of the 100th, Jamieson of the 22nd, Murphy of the 18th and Cummings of the 27th:
A BILL to amend Code Section 24-9-101 of the Official Code of Georgia Annotated, relating to definitions regarding certain interpreters in administrative and judicial proceedings, so as to change the definition of 'qualified interpreter'; and for other purposes.

Referred to the Committee on Judiciary.

HB 1081. By Representatives Jennings of the 63rd, Graves of the 125th, Snelling of the 99th, Buck of the 135th and Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration regarding revenue and taxation, so as to change the rate of interest paid with respect to certain refunds and certain past due taxes; and for other purposes.

1/18/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1081. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63

Referred to the Committee on Ways & Means.

HB 1082. By Representatives Wix of the 33rd, Powell of the 23rd, Hudson of the 156th, Williams of the 83rd and Johnson of the 35th:
A BILL to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definitions of utility contracting and utility system; to change a provision

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restricting the award of certain work to licensed utility contractors or those who intend to have the work performed by a licensed utility contractor; and for other purposes.

Referred to the Committee on Industry.

HB 1083. By Representatives McBee of the 88th, Hudgens of the 24th, Heard of the 89th and Wix of the 33rd:
A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to change the provisions relating to licensing, licenses, and requirements for licenses; to change the provisions relating to qualifications for applicants; and for other purposes.

Referred to the Committee on Industry.

HB 1084. By Representative Irvin of the 45th:
A BILL to amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to require local governments that own certain air facilities and airports to transfer the management, operation, and maintenance of such air facilities and airports to the Georgia Airport Management Authority; to create and establish the Georgia Airport Management Authority; and for other purposes.

Referred to the Committee on Transportation.

HB 1085. By Representatives Rice of the 79th, Unterman of the 84th, Coleman of the 80th, Massey of the 86th, Williams of the 83rd and others:
A BILL to amend an Act creating the Board of Commissioners of Gwinnett County, so as to reapportion the commissioner districts; and for other purposes.

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

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129

HB 1086. By Representatives Ray of the 128th, Floyd of the 138th, Royal of the 164th and Purcell of the 147th:
A BILL to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that certain food sales establishments shall post licenses on the premises in an open and conspicuous manner so as to be visible to the public; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HB 1087. By Representatives Ray of the 128th, Floyd of the 138th, Royal of the 164th and Purcell of the 147th:
A BILL to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to provide for additional definitions; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HB 1088. By Representatives Ray of the 128th, Royal of the 164th and Purcell of the 147th:
A BILL to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods, so as to change the provisions relating to fees for a nonresident or alien wholesale fish dealer; to provide for reciprocal agreements; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 1089. By Representatives Squires of the 78th, Unterman of the 84th and Davis of the 60th:
A BILL to amend Code Section 13-8-2 of the Official Code of Georgia Annotated, relating to contracts contravening public policy generally, so as to declare as contrary to public policy certain contracts between a hospital

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which is a provider of obstetric services and certain insurers; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1090. By Representatives Bordeaux of the 151st, Stokes of the 92nd and Davis of the 60th:
A BILL to amend Code Section 50-21-26 of the Official Code of Georgia Annotated, relating to notice of a claim against the State of Georgia, commencement of action, examination of records to facilitate investigation of a claim, and the confidential nature of the documents and information furnished, so as to change provisions relative to the notice of claim; and for other purposes.

Referred to the Committee on Judiciary.

HR 809. By Representative Pinholster of the 15th:
A RESOLUTION commending William G. Hasty, Sr., and designating the William G. Hasty, Sr., Freeway; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1042 HB 1043 HB 1044 HB 1045 HB 1046 HB 1047 HB 1048 HB 1049 HB 1050

HB 1056 HB 1057 HB 1058 HB 1059 HB 1060 HB 1061 HB 1062 HB 1063 HB 1064

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HB 1051 HB 1052 HB 1053 HB 1054 HB 1055

HR 803 HR 804 HR 805 HR 806

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 177 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 121st
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 1013 Do Pass HB 1015 Do Pass HB 1016 Do Pass HB 1018 Do Pass

HB 1019 Do Pass HB 1020 Do Pass HB 1023 Do Pass

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

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1013. By Representative Greene of the 158th: A BILL to amend an Act reconstituting the Board of Education of Quitman County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 1015. By Representative Greene of the 158th: A BILL to amend an Act reconstituting the Board of Education of Clay County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 1016. By Representative Greene of the 158th: A BILL to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

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133

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1018. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Stewart County, so as to change the description of the commissioner district; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1019. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Clay County, so as to provide new commissioner districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1020. By Representative Smith of the 102nd:
A BILL to amend an Act relating to the Board of Commissioners of Harris County, so as to change the commissioner districts in said county; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1023. By Representative Smith of the 102nd:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to redistrict the Board of Education of Harris County; to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 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.

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135

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

Representative Everett of the 163rd arose to a point of personal privilege and addressed the House.

Representative Mangham of the 75th arose to a point of personal privilege and addressed the House.

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

HB 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.

The report of the Committee, which was favorable to the 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 Benfield
Birdsong E Black Y Boggs Y Bordeaux

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

Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B
Jackson, L James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner

136
Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner E Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

Stephens Y Stokes 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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 59.

By Senators Cheeks of the 23rd and Streat of the 19th:
A BILL to be entitled an Act to amend Code Section 32-6-75 of the O.C.G.A., relating to restrictions on outdoor advertising authorized to be erected near the edge of the right of way of the interstate system or primary highways in this state and multiple message signs on the interstate system, primary highways, and other highways, so as to change the method of measuring the distance of certain signs from the edge of the right of way; to direct the Department of Transportation to modify the states agreement with the United States secretary of transportation to conform to such changes; to change the allowable minimum duration of multiple message signs from ten seconds to six seconds; to reduce the allowable minimum distance between such signs; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

FRIDAY, JANUARY 18, 2002

137

A BILL
To amend Code Section 32-6-75 of the Official Code of Georgia Annotated, 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 allowable spacing of multiple message signs; to change the allowable minimum duration of multiple message signs from ten seconds to six seconds; 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 32-6-75 of the Official Code of Georgia Annotated, 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, is amended by striking paragraph (1) of subsection (c) and inserting in lieu thereof the following:
"(1) Multiple message signs shall be permitted on the interstate system, primary highways, and other highways under the following conditions:
(A) Each sign shall remain fixed for at least ten six seconds; (B) When a message is changed, it shall be accomplished in three seconds or less; (C) No such sign shall be placed within 5,000 3,000 linear feet, measured on the same side of the highway, of another multiple message sign on the same side of the highway; (D) Any such sign shall contain a default design that will freeze the sign in one position if a malfunction occurs; and (E) Any maximum size limitations shall apply independently to each side of a multiple message sign. (F) If the Department shall conclusively determine on at least two separate occasions that the owner of the sign has failed to comply with this Code Section, the sign shall be deemed an illegal sign as defined by paragraph (6) of Code Section 326-71 and the sign shall be subject to removal under the terms of this part."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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By unanimous consent, further consideration of SB 59 was suspended until Monday, January 28, 2002.

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

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 785 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Norman S. Fletcher, Chief Justice of the Supreme Court, was called to order by the President Pro Tempore of the Senate, Senator Starr of the 44th.

The Resolution calling for the Joint Session was read.

The Honorable Norman S. Fletcher appeared upon the floor of the House and addressed the Joint Session.

Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President Pro Tempore of the Senate, Senator Starr of the 44th, announced the Joint Session dissolved.

The Speaker called the House to order.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

FRIDAY, JANUARY 18, 2002

139

HB 1000 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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

HR 830. By Representatives Purcell of the 147th, Snow of the 2nd and Poag of the 6th:
A RESOLUTION commending Sr. Trooper G. H. Langford on his selection as the Peace Officer of the Year for Valor and inviting him to appear before the House of Representatives; and for other purposes.

HR 831. By Representative Cooper of the 31st:
A RESOLUTION recognizing and commending the Wheeler High School newspaper staff and inviting them to appear before the House of Representatives; and for other purposes.

HR 832. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 833. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A RESOLUTION commending the LaGrange High School football team and inviting the team to appear before the House of Representatives; and for other purposes.

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HR 834. By Representatives Purcell of the 147th, Murphy of the 18th, Walker of the 141st, Hudson of the 156th and Bell of the 25th:
A RESOLUTION inviting Christopher Roach, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to appear before the House of Representatives; and for other purposes.

HR 835. By Representatives Bannister of the 77th and Dix of the 76th:
A RESOLUTION inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives; and for other purposes.

HR 836. By Representatives Purcell of the 147th, Snow of the 2nd and Shaw of the 176th:
A RESOLUTION commending Ranger First Class George Tharpe and Ranger First Class Darrell Watson as the Peace Officers of the Year for Meritorious Service and inviting them to appear before the House of Representatives; and for other purposes.

The following communication was received:

State Representative Bobby Reese 5380 Windswept Trace
Sugar Hill, Georgia 30518

January 17, 2002

The Honorable Roy Barnes Governor of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Barnes:

FRIDAY, JANUARY 18, 2002

141

Pursuant to Georgia law, I hereby notify you that I resign my office as representative from the 85th District of the Georgia House of Representatives.
I also request that you call a special election to fill the seat I am vacating as soon as possible under Georgia law.
Yours very truly,
/s/ Bobby Reese State Representative District 85

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 28, 2002.

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Representative Hall, Atlanta, Georgia Monday, January 28, 2002

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 Black Boggs Bordeaux Bridges Brooks Broome Brown Buck Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Channell Childers Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis

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

Jackson, B Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lucas Lunsford Maddox Mangham Manning Massey McBee McKinney Millar Mills Morris Mosley Mueller O'Neal Orrock Parham

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

Smith, L Smith, P Smith, T Smith, V Snelling Snow E Squires Stallings Stanley Stanley-Turner Stephens E Stokes Taylor Teper Tillman Turnquest Twiggs Unterman Walker, L Walker, R.L West Westmoreland Wiles Wilkinson Willard Williams, R 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, Benfield of the 67th, Borders of the 177th, Cash of the 108th, Dix of the 76th, Gardner of the 47th, Heckstall of the 55th, Irvin of the 45th, Jackson of the 148th, James of the 140th, Jenkins of the 110th, McCall of the 90th, McClinton of the

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68th, Mobley of the 69th, Poag of the 6th, Reed of the 52nd, Scott of the 165th, Sholar of the 179th, Smith of the 91st, Smyre of the 136th, Teague of the 58th, Watson of the 70th, Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Craig Smith, Pastor, Hopewell Methodist Church, Baxley, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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

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HB 985. By Representatives Buckner of the 95th, Snow of the 2nd, Bannister of the 77th, Orrock of the 56th, Bell of the 25th and others:
A BILL to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities, so as to provide for a pilot project as initial implementation of legislation ending the authority of the Public Service Commission to regulate rates charged for electricity, natural gas, and telephone service; and for other purposes.
Referred to the Committee on Industry.
HB 986. By Representatives Buckner of the 95th, Burkhalter of the 41st, Snow of the 2nd, Powell of the 23rd, Bannister of the 77th and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to natural gas competition and deregulation, so as to prohibit marketers from using an individual consumer's credit record to determine the price of natural gas for the consumer; and for other purposes.
Referred to the Committee on Industry.
HB 987. By Representatives Buckner of the 95th, Burkhalter of the 41st, Powell of the 23rd, Bannister of the 77th, Parsons of the 40th and others:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to competition and deregulation in natural gas, so as to prohibit the termination of natural gas service to certain residential customers for failure to pay for the natural gas for a period of 90 days following the due date on the customer's unpaid bill; and for other purposes.
Referred to the Committee on Industry.

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145

HB 1091. By Representatives Parham of the 122nd and Porter of the 143rd:
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 four years of age or younger, so as to change certain provisions relating to child safety restraint requirements; to specify the types of motor vehicles to which child safety restraint requirements are applicable; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1092. By Representatives Irvin of the 45th, Davis of the 60th, Jennings of the 63rd and Millar of the 59th:
A BILL to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to conduct of voters, campaigners, and others at polling places generally, so as to prohibit the use and operation of bullhorns, public address systems, and similar voice amplification devices within certain areas around polling places on primary and election days; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1093. By Representatives Smith of the 19th, Mobley of the 69th, Watson of the 70th, Campbell of the 42nd, Sailor of the 71st and others:
A BILL 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 drivers' exercise of due care and proper use of radios and mobile telephones; to prohibit certain use of mobile telephones; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1094. By Representative Sholar of the 179th:
A BILL to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions for visitation rights or intervention by

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JOURNAL OF THE HOUSE

grandparents, the revocation or amendment of visitation rights, the appointment of a guardian ad litem, mediation, and a hearing, so as to provide a period for filing a petition for visitation by a grandparent; and for other purposes.

Referred to the Committee on Judiciary.

HB 1095. By Representatives Scott of the 165th, Shaw of the 176th, Sims of the 167th, Barnard of the 154th and Floyd of the 138th:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the licensing of a certain type of certain mechanical feeder designed to scatter grain as bait for deer and hogs; to provide for the disposition of a license fee; to provide for the intent of the General Assembly relative to certain appropriations; to provide that it shall be lawful to entice and hunt hogs and deer by means of such a feeder; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1096. By Representatives Parham of the 122nd and Porter of the 143rd:
A BILL to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities for parks, historic areas, memorials, and recreation, so as to provide for the Oconee River Greenway Authority; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1097. By Representatives Snow of the 2nd, Ray of the 128th, Jenkins of the 110th, Hudson of the 120th, Smith of the 103rd and others:
A BILL to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management and their creation, structure, powers, directors, financial assistance, and entitlement for funding, so as to provide for state grants to assist local fire

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147

departments, emergency medical services, 911 facilities, and emergency management organizations for certain purposes; and for other purposes.

Referred to the Committee on Public Safety.

HB 1098. By Representatives Hembree of the 98th, Stallings of the 100th, Birdsong of the 123rd, Squires of the 78th, Bunn of the 74th 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 local boards of education shall issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in the Korean Conflict; and for other purposes.

Referred to the Committee on Education.

HB 1099. By Representatives Buckner of the 95th, Unterman of the 84th and Squires of the 78th:
A BILL to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to prohibit a hospital, after a patient has been admitted to the hospital from that hospital's emergency room, from transferring such patient to a different hospital without the patient's consent and the notification of the attending physician; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1100. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Channell of the 111th, Walker of the 141st and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for colorectal cancer screening; and for other purposes.

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Referred to the Committee on Insurance.

HB 1101. By Representatives Walker of the 141st and Bordeaux of the 151st:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Judiciary.

HB 1102. By Representative Floyd of the 138th:
A BILL to amend an Act creating the Board of Commissioners of Crisp County, so as to change the descriptions of commissioner districts and posts for the election of members of the board of commissioners; and for other purposes.

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

HB 1103. By Representative Squires of the 78th:
A BILL to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit attorneys or law firms from making contributions to candidates for judicial offices; and for other purposes.

Referred to the Committee on Judiciary.

HB 1104. By Representatives Walker of the 141st, Bordeaux of the 151st, Dix of the 76th, Squires of the 78th and Skipper of the 137th:
A BILL to state a general intent to eliminate the future "sunset" of certain provisions relating to superior court clerks' fees and the Georgia Superior Court Clerks' Authority; to provide that provisions of the Official Code of

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149

Georgia Annotated, relating to fees charged by clerks of superior court and remittance to and use of certain such funds by the Georgia Superior Court Clerks' Authority which were in effect and applicable on January 1, 2002, shall remain in effect indefinitely until and unless changed by future Act of the General Assembly; to amend an Act amending Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend an Act amending Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts; and for other purposes.

Referred to the Committee on Judiciary.

HR 837. By Representatives Westmoreland of the 104th, Jennings of the 63rd, Ehrhart of the 36th, Wiles of the 34th, Mills of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to specify requirements applicable to legislative and congressional reapportionment; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

HR 838. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A RESOLUTION designating the Veterans Parkway; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1065 HB 1066 HB 1067 HB 1068 HB 1069 HB 1070

HB 1079 HB 1080 HB 1081 HB 1082 HB 1083 HB 1084

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HB 1071 HB 1072 HB 1073 HB 1074 HB 1075 HB 1076 HB 1077 HB 1078

JOURNAL OF THE HOUSE
HB 1085 HB 1086 HB 1087 HB 1088 HB 1089 HB 1090 HR 809

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

HB 1076. By Representatives Kaye of the 37th, Bunn of the 74th, Hudgens of the 24th, Coleman of the 80th, Burmeister of the 114th 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 any required textbook for public post secondary schools; and for other purposes.

The motion prevailed.

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

HB 1081. By Representatives Jennings of the 63rd, Graves of the 125th, Snelling of the 99th, Buck of the 135th and Jamieson of the 22nd:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration regarding revenue and taxation, so as to change the rate of interest paid with respect to certain refunds and certain past due taxes; and for other purposes.

The motion prevailed.

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151

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 975 Do Pass, by Substitute

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

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

Mr. Speaker:

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 797 HR 807 HR 830 HR 832

Do Pass Do Pass Do Pass Do Pass

HR 833 Do Pass HR 834 Do Pass HR 836 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:

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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 1043 Do Pass HB 1046 Do Pass

HB 1053 Do Pass HB 1055 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 1043. By Representative Amerson of the 7th:
A BILL to amend an Act creating the Board of Commissioners of Lumpkin County, so as to change the description of commissioner districts for the election of members of the board of commissioners; and for other purposes.

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

HB 1046. By Representative Amerson of the 7th:
A BILL to amend an act providing for the election of the members of the Board of Education of Lumpkin County, so as to change the description of the education districts; and for other purposes.

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

HB 1053. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:

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153

A BILL to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County, so as to clarify the legislative power of the mayor; to clarify provisions concerning ante litem notice; and for other purposes.

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

HB 1055. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act creating the Athens-Clarke County Board of Elections and Registration, so as to change the composition and selection of the board; and for other purposes.

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

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
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
Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner

Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L James Y Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis

Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens E Stokes Y Taylor
Teague Y Teper Y Tillman

154
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

JOURNAL OF THE HOUSE

Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

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

On the passage of the Bills, the ayes were 156, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Pinholster of the 15th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
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.

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155

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

Representative Millar of the 59th arose to a point of personal privilege and addressed the House.

Representative Scheid of the 17th arose to a point of personal privilege and addressed the House.

Representative Cummings of the 27th arose to a point of personal privilege and addressed the House.

Representative Holmes of the 53rd arose to a point of personal privilege and addressed the House.

Under the general order of business, the following Bill of the Senate, having previously been read, was again taken up for consideration:

SB 59.

By Senators Cheeks of the 23rd and Streat of the 19th:
A BILL to be entitled an Act to amend Code Section 32-6-75 of the O.C.G.A., relating to restrictions on outdoor advertising authorized to be erected near the edge of the right of way of the interstate system or primary highways in this state and multiple message signs on the interstate system, primary highways, and other highways, so as to change the method of measuring the distance of certain signs from the edge of the right of way; to direct the Department of Transportation to modify the states agreement with the United States secretary of transportation to conform to such changes; to change the allowable minimum duration of multiple message signs from ten seconds to six seconds; to reduce the allowable minimum distance between such signs; to repeal conflicting laws; and for other purposes.

The following Committee substitute was again read:

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A BILL
To amend Code Section 32-6-75 of the Official Code of Georgia Annotated, 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 allowable spacing of multiple message signs; to change the allowable minimum duration of multiple message signs from ten seconds to six seconds; 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 32-6-75 of the Official Code of Georgia Annotated, 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, is amended by striking paragraph (1) of subsection (c) and inserting in lieu thereof the following:
"(1) Multiple message signs shall be permitted on the interstate system, primary highways, and other highways under the following conditions:
(A) Each sign shall remain fixed for at least ten six seconds; (B) When a message is changed, it shall be accomplished in three seconds or less; (C) No such sign shall be placed within 5,000 3,000 linear feet, measured on the same side of the highway, of another multiple message sign on the same side of the highway; (D) Any such sign shall contain a default design that will freeze the sign in one position if a malfunction occurs; and (E) Any maximum size limitations shall apply independently to each side of a multiple message sign. (F) If the Department shall conclusively determine on at least two separate occasions that the owner of the sign has failed to comply with this Code Section, the sign shall be deemed an illegal sign as defined by paragraph (6) of Code Section 326-71 and the sign shall be subject to removal under the terms of this part."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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157

Pursuant to Rule 134, Representative Hudgens of the 24th was excused from voting on SB 59.

Pursuant to Rule 134, Representative Lewis of the 14th was excused from voting on SB 59.

Pursuant to Rule 134, Representative Holland of the 157th was excused from voting on SB 59.

The following amendment was read:

Representatives Porter of the 143rd, Benfield of the 67th, Orrock of the 56th and Ashe of the 46th move to amend the Committee substitute to SB 59 by striking line 19 of page 1 and inserting in lieu thereof the following:
"(C) No such sign shall be placed within 5,000 feet.

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 N Barnes Y Bell Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Buckner N Bulloch Y Bunn Y Burkhalter

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

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter
Powell Y Purcell Y Ragas Y Randall N Ray Y Reece Y Reed Y Reichert Y Rice N Richardson N Roberts, D Y Roberts, L N Rogers Y Royal

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

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Y Burmeister Y Byrd N Callaway Y Campbell Y Cash N Channell Y Childers
Coan Y Coleman, B
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
Holland Y Holmes Y Houston Y Howard
Hudgens

Y Mangham Y Manning N Massey Y McBee N McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley N Morris N Mosley
Mueller

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

On the adoption of the amendment, the ayes were 126, nays 33. The amendment was adopted.

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

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

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

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

Y O'Neal N Orrock Y Parham Y Parrish N Parsons N Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell N Ragas Y Randall N Ray Y Reece N Reed Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers

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

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

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

N Maddox N Mangham N Manning Y Massey Y McBee Y McCall N McClinton
McKinney N Millar Y Mills N Mobley Y Morris Y Mosley N Mueller

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 98, nays 66.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

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

HB 996. By Representatives Walker of the 141st and Bordeaux of the 151st:
A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; and for other purposes.

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

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

Allen Y Amerson Y Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, N Y Hudson, S Y Hugley

Y O'Neal Y Orrock Y Parham

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

160
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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

JOURNAL OF THE HOUSE

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

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

Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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 639. By Representatives Willard of the 44th and Martin of the 47th:
A BILL to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution; to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to year's support; to amend Article 5 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to revocation and repudiation of wills; to amend Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form; to amend Chapter 7 of Title 53 of the

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161

Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally; to amend Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child; to provide for such inheritance if the father, during the childs lifetime, has signed the childs birth certificate or has executed a signed, sworn statement attesting to the relationship; to amend Article 5 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to revocation and repudiation of wills, so as to provide for inheritance when a will is revoked by operation of law; to amend Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form, so as to change provisions relating to such notice; to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally, so as to provide for service upon creditors whose claims have not been paid in full due to insolvency of the estate of a citation relating to a petition for discharge of a personal representative; to provide for notice of the settlement of the personal representatives accounts to persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full; to provide that such settlement shall be conclusive on such persons who receive notice; to amend Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to proceedings in probate court, so as to remove certain provisions relating to service on unknown persons by publication; to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Pre-1998 Probate Code, relating to general provisions relative to descent and distribution, so as to repeal a provision prohibiting the father and other paternal kin from inheriting from or through a child born out of wedlock if the father failed or refused to treat the child openly as his own or to provide support for the child; to provide for such inheritance if the father, during the childs lifetime, has signed the childs birth certificate or has executed a signed, sworn statement attesting to the relationship; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to general provisions relative to descent and distribution, is amended in Code Section 53-2-4, relating to inheritance from children born out of wedlock, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b)(1) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:
(A)(1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B)(2) A court of competent jurisdiction has otherwise entered a court order establishing paternity; (C)(3) The father has, during the lifetime of the child, executed a sworn statement signed by him the father attesting to the parent-child relationship; (D)(4) The father has, during the lifetime of the child, signed the birth certificate of the child; or (E)(5) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by clear and convincing evidence. (2) Paragraph (1) of this subsection notwithstanding, neither the father nor any child of the father nor any other paternal kin shall inherit from or through a child born out of wedlock if it shall be established by a preponderance of evidence that the father failed or refused openly to treat the child as his own or failed or refused to provide support for the child."
SECTION 2. Article 5 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to revocation and repudiation of wills, is amended by striking Code Section 53-4-48, relating to testators marriage or birth or adoption of a child, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in Code Section 53-4-49, the marriage of the testator, the birth of a child to the testator, including a posthumous child born within ten months of the testators death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event shall result in a revocation of the will to the extent provided in the remainder of this Code section. (b) A provision in a will for a class of the testators children shall be presumed to be made in contemplation of the birth or adoption of additional members of that class, absent an indication of a contrary intent, and the mere identification in the will of

MONDAY, JANUARY 28, 2002

163

children already born or adopted at the time of the execution of the will shall not defeat this presumption. (c) If the will was made prior to an event specified in subsection (a) of this Code section, and does not contain a provision in contemplation of such an event, the subsequent spouse or child shall receive the share of the estate he or she would have received if the testator had died intestate. Such share shall be paid from the net residuum remaining after all debts and expenses of administration, including taxes, have been paid. If the residuum proves to be insufficient, then testamentary gifts shall abate in the manner provided in paragraph (b) of Code Section 53-4-63."
SECTION 3. Code Section 53-5-22 of the Official Code of Georgia Annotated, relating to notice of petition for probate in solemn form, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Probate in solemn form requires due notice to all the heirs of the testator, and to the beneficiaries and propounders of, if there is any other purported will of the testator for which probate proceedings are pending in this state, then such notice shall also be given to the beneficiaries and propounders of such purported will. Service of a notice of petition for probate in solemn form shall be personal if the party resides in this state and is known and shall be served at least ten days before probate is to be made, except that, if waived, the ten-day provision shall not apply."
SECTION 4. Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of estates generally, is amended in Code Section 53-7-50, relating to petitions for discharge and subsequently discovered estate, by striking paragraph (1) of subsection (b) in its entirety and inserting in lieu thereof the following:
"(b)(1) Subject to paragraphs (2) and (3) of this subsection, upon the filing of a petition for discharge, citation shall issue to all heirs or beneficiaries, as provided in Chapter 11 of this title, requiring them to file any objections to the discharge, except that in all cases a citation shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed at least ten days prior to the date on or before which any objection is required to be filed. Any creditors whose claims are disputed or who have not been paid in full due to insolvency of the estate shall be served in accordance with Chapter 11 of this title."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 53-7-62, relating to settlement of accounts by the personal representative before the court, and inserting in lieu thereof the following:
"(a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal

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representative to appear before the probate court for a settlement of accounts. Alternatively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries and all persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full to be present at the settlement of the personal representatives accounts by the court. The settlement shall be conclusive upon the personal representative and upon all the heirs or beneficiaries and all remaining persons who claim to be creditors who receive notice of the hearing. The court may, in the courts discretion, give the personal representative additional time to settle the estate."
SECTION 6. Chapter 11 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to proceedings in probate court, is amended by striking in its entirety Code Section 53-11-4, relating to service where the person or the persons residence is unknown or where the person resides outside the state, and inserting in lieu thereof the following:
"53-11-4. (a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state, is unknown, or is known but whose current residence address is unknown. (b) Unless all such persons have known current residence addresses, the probate court shall order service to be perfected by publication of the citation in the newspaper in which sheriffs advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given. The published citation shall be directed to the person to be served if known, and, if all persons are not known, then to all and singular the parties in interest. (c) If the current residence address of such a person is known, service shall be made by mailing by certified or registered mail or statutory overnight delivery, return receipt requested, a copy of the petition and the citation. (d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is unknown or who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show published notice directed to all and singular the parties in interest and compliance with this Code section. In the case of a known person whose current residence address is unknown, that persons name shall appear in the records of the court, and such records shall show as to that person compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be

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165

sufficient and the published citation shall be directed as provided in subsection (b) of this Code section."
SECTION 7. Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, the Pre1998 Probate Code, relating to general provisions relative to descent and distribution, is amended in Code Section 53-4-5, relating to inheritance from children born out of wedlock, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b)(1) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if, after the conception of the child:
(A)(1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B)(2) A court of competent jurisdiction has otherwise entered a court order establishing the father of the child born out of wedlock; (C)(3) The father, during the lifetime of the child, executed a sworn statement signed by him the father attesting to the parent-child relationship; (D)(4) The father, during the lifetime of the child, signed the birth certificate of the child; or (E)(5) The presumption of paternity described in subparagraph (c)(2)(B) of Code Section 53-4-4 has been established and has not been rebutted by clear and convincing evidence. (2) Paragraph (1) of this subsection notwithstanding, neither the father nor any paternal kin shall inherit from or through a child born out of wedlock if it shall be established, by a preponderance of evidence, that the father, during his lifetime and after the birth of the child, failed or refused to openly treat the child as his own or failed or refused to provide support for the child."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Benfield of the 67th moves to amend HB 639 as follows: Delete Section 1 in its entirety and re-number the following sections accordingly.

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

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

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

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

N O'Neal Y Orrock N Parham N Parrish N Parsons N Pelote N Pinholster Y Poag Y Porter N Powell N Purcell Y Ragas Y Randall N Ray Y Reece N Reed N Reichert N Rice N Richardson N Roberts, D N Roberts, L N Rogers N Royal
Sailor N Sanders N 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
Smyre N Snelling N Snow
Squires N Stallings N Stanley Y Stanley-Turner N Stephens N Stokes N Taylor
Teague N Teper
Tillman Y Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 37, nays 127. The amendment was lost.

The Committee substitute was adopted.

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

MONDAY, JANUARY 28, 2002

167

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

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

N Cox Y Crawford Y Cummings Y Davis Y Day Y 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 N Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell Y Heard Y Heckstall Y Hembree N Henson N Hines Y Holland Y Holmes N Houston Y Howard Y Hudgens

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

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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes N 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 Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 146, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 997. By Representatives Walker of the 141st and Bordeaux of the 151st: A BILL to amend Title 21 of the Official Code of Georgia Annotated,

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relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes.

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

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

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

Y Cox Y Crawford Y Cummings Y Davis 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 168, nays 0.

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169

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

Representative Smith of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1000. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to authorize, by supplementary appropriation to the State of Georgia General Obligation Debt Sinking Fund, the issuance of not more than $620,730,000 in general obligation debt for educational facilities for county and independent schools, through the State Board of Education and the Georgia State Financing and Investment Commission; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 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 Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

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

Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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

170
Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

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

On the passage of the Bill, the ayes were 171, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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 communication was received:

House of Representatives Atlanta, Georgia 30334

I voted no on HB 1000 because the Bill called for issuing $620,730,000 of new bonded debt when cash was available.
/s/ Bobby Franklin District 39

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

HR 797. By Representatives Jennings of the 63rd, Smith of the 103rd, Benfield of the 67th, Ashe of the 46th and Manning of the 32nd:
A RESOLUTION recognizing February 7, 2002, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female

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athletes to appear before the House of Representatives; and for other purposes.

HR 807. By Representatives Buckner of the 95th, Manning of the 32nd, Ashe of the 46th, Holmes of the 53rd, Unterman of the 84th and others:
A RESOLUTION recognizing the Atlanta Beat and inviting the team to appear before the House of Representatives; and for other purposes.

HR 830. By Representatives Purcell of the 147th, Snow of the 2nd and Poag of the 6th:
A RESOLUTION commending Sr. Trooper G. H. Langford on his selection as the Peace Officer of the Year for Valor and inviting him to appear before the House of Representatives; and for other purposes.

HR 832. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 833. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A RESOLUTION commending the LaGrange High School football team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 834. By Representatives Purcell of the 147th, Murphy of the 18th, Walker of the 141st, Hudson of the 156th and Bell of the 25th:
A RESOLUTION inviting Christopher Roach, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to appear before the House of Representatives; and for other purposes.

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HR 836. By Representatives Purcell of the 147th, Snow of the 2nd and Shaw of the 176th:
A RESOLUTION commending Ranger First Class George Tharpe and Ranger First Class Darrell Watson as the Peace Officers of the Year for Meritorious Service and inviting them to appear before the House of Representatives; and for other purposes.

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

HR 841. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd:
A RESOLUTION declaring January 29, 2002, as Albany-Dougherty County Day at the state capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives; and for other purposes.

HR 842. By Representatives Jennings of the 63rd, Brown of the 130th, Snelling of the 99th, Joyce of the 1st and Manning of the 32nd:
A RESOLUTION recognizing the Presbytery of Greater Atlanta and inviting representatives to appear before this body; and for other purposes.

HR 843. By Representatives Ray of the 128th, Floyd of the 138th, Purcell of the 147th, Royal of the 164th, Houston of the 166th and others:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

HR 844. By Representatives Smith of the 12th, Murphy of the 18th, Childers of the 13th and Cummings of the 27th:
A RESOLUTION commending and congratulating Berry College during its centennial celebration; and inviting Scott Colley, President of Berry College, to appear before the House of Representatives at a date and time to be

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determined by the Speaker of the House of Representatives; and for other purposes.

HR 845. By Representatives Taylor of the 134th, Hugley of the 133rd, Lucas of the 124th, Stanley of the 49th, Sinkfield of the 57th and others:
A RESOLUTION recognizing Delta Sigma Theta Day and inviting representatives of the sorority to appear before this body; and for other purposes.

HR 846. By Representatives Rogers of the 20th, Murphy of the 18th and Walker of the 141st:
A RESOLUTION commending the Gainesville High School Red Elephants baseball team as Class AAA state champions for 2001 and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 847. By Representative Williams of the 83rd:
A RESOLUTION commending Jeanie Anderson, Ms. Georgia Senior 2001, and inviting her to the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 839. By Representative Purcell of the 147th:
A RESOLUTION recognizing Tuesday, January 29, 2002, as "Effingham County Day"; and for other purposes.

HR 840. By Representative O'Neal of the 139th:
A RESOLUTION commending the Northside High School Eagles football team; and for other purposes.

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HR 852. By Representatives Bordeaux of the 151st and Reichert of the 126th:
A RESOLUTION recognizing the value of Law-Related Education (LRE); recognizing the Georgia LRE program in the Carl Vinson Institute of Government at the University of Georgia, the Georgia LRE Consortium, the Georgia High School Mock Trial Competition, and the Young Lawyers Division of the State Bar of Georgia for promoting Law-Related Education; recognizing January 29, 2002, as "LRE Day at the State Capitol"; and for other purposes.

HR 853. By Representatives Birdsong of the 123rd and Purcell of the 147th:
A RESOLUTION commending the approximately 12,000 men and women of the Georgia Army and Air National Guard and State Defense Force and declaring National Guard Day in Georgia; and for other purposes.

HR 854. By Representative Ashe of the 46th:
A RESOLUTION commending the League of Women Voters of AtlantaFulton County and recognizing January 29, 2002, as League of Women Voters of Atlanta-Fulton County Day at the state capitol; and for other purposes.

HR 855. By Representative Purcell of the 147th:
A RESOLUTION commending Dr. J. Michael Moore; and for other purposes.

HR 856. By Representatives McBee of the 88th, Hudgens of the 24th and Heard of the 89th:
A RESOLUTION recognizing and commending Rudy "Doc" Kagerer; and for other purposes.

HR 857. By Representatives Gardner of the 47th, Ashe of the 46th, Wilkinson of the 43rd, Teper of the 61st, Murphy of the 18th and others:

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A RESOLUTION honoring the life of Judge Nick George Lambros and expressing regret at his passing; and for other purposes.

HR 858. By Representative Royal of the 164th: A RESOLUTION commending Jim Dixon; and for other purposes.

HR 859. By Representative Sholar of the 179th:
A RESOLUTION recognizing and commending John S. Tillis, Jr.; and for other purposes.

HR 860. By Representatives Johnson of the 35th, Murphy of the 18th, Wix of the 33rd, Golick of the 30th, Parsons of the 40th and others:
A RESOLUTION commending Edwin L. Thomas, Jr.; and for other purposes.

HR 861. By Representative Pelote of the 149th:
A RESOLUTION commending the Savannah citizens and members of the police force who heroically rescued a family from residential fire; and for other purposes.

HR 862. By Representatives Lunsford of the 109th and Cash of the 108th:
A RESOLUTION commending James Richard "Dick" Esco; and for other purposes.

HR 863. By Representatives Lunsford of the 109th, Cash of the 108th, Jordan of the 96th, Watson of the 70th and Maddox of the 72nd:
A RESOLUTION commending Willie G. Varner; and for other purposes.

HR 864. By Representatives Harbin of the 113th, Murphy of the 18th and Jackson of the 112th:

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A RESOLUTION commending Freda Pate Bittle; and for other purposes.
HR 865. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st, Hudson of the 156th and Bell of the 25th: A RESOLUTION expressing regret at the passing of Henry Grady Jarrard; and for other purposes.
HR 866. By Representatives Rogers of the 20th, Murphy of the 18th, Connell of the 115th, Childers of the 13th and Walker of the 141st: A RESOLUTION expressing regret at the passing of Helen Thrasher Wood; and for other purposes.
HR 867. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th: A RESOLUTION recognizing the annual Father/Daughter Valentine Dance in Valdosta, Georgia; and for other purposes.
HR 868. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th: A RESOLUTION commending Valdosta State University President Hugh C. Bailey; and for other purposes.
HR 869. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th: A RESOLUTION recognizing and commending Dusty Bonner; and for other purposes.
HR 870. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:

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A RESOLUTION recognizing and commending Valdosta State University Head Coach Chris Hatcher; and for other purposes.

HR 871. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION commending the members of the Savannah-Chatham County Governmental Consolidation Study Committee; and for other purposes.

HR 872. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION congratulating Lou Phelps; and for other purposes.

HR 873. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION congratulating Ballastone Inn; and for other purposes.

HR 874. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION congratulating AquaSouth Construction, Inc.; and for other purposes.

HR 875. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A RESOLUTION congratulating ReMax Savannah; and for other purposes.

HR 876. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th and Bordeaux of the 151st:
A RESOLUTION congratulating Petrus Pervious Paving; and for other purposes.

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HR 877. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th: A RESOLUTION congratulating Harry Barker; and for other purposes.
HR 878. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th: A RESOLUTION congratulating Savannah Direct Mail; and for other purposes.
HR 879. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th and Pelote of the 149th: A RESOLUTION congratulating Lady & Sons; and for other purposes.
HR 880. By Representatives Harbin of the 113th, Birdsong of the 123rd and Jackson of the 112th: A RESOLUTION to recognize and commend Henry S. Black,II; and for other purposes.
HR 881. By Representatives Bannister of the 77th and Dix of the 76th: A RESOLUTION commending the Parkview High School Panthers football team; and for other purposes.
HR 882. By Representative Birdsong of the 123rd: A RESOLUTION commending Harry Winford White; and for other purposes.
HR 883. By Representatives Purcell of the 147th and Hudgens of the 24th: A RESOLUTION recognizing and commending Christopher Roach; and for other purposes.

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HR 884. By Representatives Purcell of the 147th, Murphy of the 18th and Richardson of the 26th: A RESOLUTION recognizing and commending Sally Anderson; and for other purposes.
HR 885. By Representatives Purcell of the 147th and Coleman of the 142nd: A RESOLUTION recognizing and commending Lauren Ledbetter; and for other purposes.
HR 886. By Representatives Purcell of the 147th and Coleman of the 142nd: A RESOLUTION recognizing and commending Jed Evans; and for other purposes.
HR 887. By Representatives Purcell of the 147th, Sanders of the 107th and Yates of the 106th: A RESOLUTION recognizing and commending Matthew Wilson; and for other purposes.
HR 888. By Representatives Purcell of the 147th and Holland of the 157th: A RESOLUTION recognizing and commending Matthew Garrett; and for other purposes.
HR 889. By Representatives Purcell of the 147th, Houston of the 166th, Royal of the 164th and Scott of the 165th: A RESOLUTION commending Elton Baldy; and for other purposes.
HR 890. By Representatives Purcell of the 147th, Houston of the 166th, Royal of the 164th and Scott of the 165th:

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A RESOLUTION recognizing and commending Josh Gibbs; and for other purposes.

HR 891. By Representatives Purcell of the 147th and Barnard of the 154th: A RESOLUTION commending Bessy Lewis; and for other purposes.

HR 892. By Representatives Purcell of the 147th and Barnard of the 154th:
A RESOLUTION recognizing and commending Tiffany McCoy; and for other purposes.

HR 893. By Representatives Purcell of the 147th, Borders of the 177th, Black of the 178th and Shaw of the 176th:
A RESOLUTION recognizing and commending Robbie Jones; and for other purposes.

HR 894. By Representatives Purcell of the 147th and Shanahan of the 10th:
A RESOLUTION recognizing and commending Hillary Munro; and for other purposes.

HR 895. By Representatives Purcell of the 147th and Smith of the 103rd:
A RESOLUTION commending Christopher Nowicki; and for other purposes.

HR 896. By Representatives Purcell of the 147th, Murphy of the 18th, Walker of the 141st, Hudson of the 156th and Bell of the 25th:
A RESOLUTION recognizing the 100th Anniversary of 4-H; and for other purposes.

HR 897. By Representatives Purcell of the 147th, Unterman of the 84th and Walker of the 87th:

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A RESOLUTION recognizing and commending Seth Turner; and for other purposes.
HR 898. By Representatives Purcell of the 147th, McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A RESOLUTION recognizing and commending Casey Mull; and for other purposes.
HR 899. By Representatives Purcell of the 147th and Broome of the 160th: A RESOLUTION recognizing and commending Katrina Smith; and for other purposes.
HR 900. By Representatives Purcell of the 147th and Smith of the 102nd: A RESOLUTION commending Matt Newberry; and for other purposes.
HR 901. By Representative Murphy of the 18th: A RESOLUTION recognizing the 200th Anniversary of the United States Military Academy; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 902. By Representative Floyd of the 138th: A RESOLUTION recognizing January 31, 2002, as "Forestry Day at the Capitol" and inviting Andy Stone, Paul Mott, and Fred Allen of the Georgia Forestry Association to appear before the House of Representatives; for other purposes.
The following communication was received:

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House of Representatives Atlanta
January 23, 2002
The Honorable Curtis Jenkins 401 State Capitol Atlanta, Georgia 30334
Dear Curtis:
I am this date removing you from the Legislative & Congressional Reapportionment Committee and placing you on the Public Safety Committee in the position of Vice Chairman.
Sincerely,
/s/ Thomas B. Murphy
TBM/tll
cc: Hon. Tommy Smith Hon. Mike Snow Paul Lynch Robbie Rivers
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 32. By Senators Brown of the 26th, Walker of the 22nd, Thomas of the 10th, Polak of the 42nd and Fort of the 39th:

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A BILL to be entitled an Act to amend Code Section 21-2-40 of the Official Code of Georgia Annotated, relating to the creation of county boards of elections and boards of elections and registration by the General Assembly, so as to provide for the creation of boards of elections and registration in each county in which the General Assembly has not heretofore created such a board by local Act; to provide for the membership of such board; to provide for its powers and duties; to provide for an elections supervisor, clerical assistants, and other employees; to provide for the transfer of duties, powers, and functions of the county election superintendent and registrars to the board; to provide for other matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 945 Do Pass, by Substitute HB 1086 Do Pass HB 1087 Do Pass

Respectfully submitted, /s/ Ray of the 128th
Chairman

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 829 Do Pass HB 1065 Do Pass

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Respectfully submitted, /s/ Bordeaux of the 151st
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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 126 Do Pass HR 391 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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Representative Hall, Atlanta, Georgia Tuesday, January 29, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Theodus Drake, Pastor, Second Mt. Zion Baptist Church, Albany, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 981. By Representatives Bannister of the 77th, Parsons of the 40th, Johnson of the 35th, Coan of the 82nd and Dix of the 76th:
A BILL to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings which are to be open to the public; limitations on actions to contest an agency action; recording; notice of time and place of meetings; access to minutes; and telecommunications conferences, so as to provide that any agency shall be authorized to conduct meetings by telecommunications conference under certain conditions; and for other purposes.
Referred to the Committee on Judiciary.
HB 1105. By Representatives Snow of the 2nd, Day of the 153rd, Hudson of the 120th, Lane of the 146th and DeLoach of the 172nd:
A BILL to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to records and hearings involving children, so as to authorize the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice; and for other purposes.
Referred to the Committee on Public Safety.
HB 1106. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions relative to ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions relating to the definition of homestead; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 1107. By Representatives Snow of the 2nd, Manning of the 32nd, Day of the 153rd, Lane of the 146th and DeLoach of the 172nd:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to change certain provisions relating to simple assault; to change certain provisions relating to aggravated assault; to change certain provisions relating to reckless conduct causing harm to or endangering the bodily safety of another and conduct by HIV infected persons; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1108. By Representatives McCall of the 90th, Hanner of the 159th, Murphy of the 18th and Wix of the 33rd:
A BILL to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources relative to the Georgia Motor Vehicle Emission Inspection and Maintenance Act, designation of the commissioner of natural resources or director of the Environmental Protection Division as the board's agent, and the duties of the director, so as to further describe a certain power; and for other purposes.
1/29/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1108. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative McCall District 90
Referred to the Committee on Natural Resources & Environment.

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HB 1109. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-16-3 of the Official Code of Georgia Annotated, relating to the board and commissioner of motor vehicle safety, so as to change certain provisions relating to per diem expense allowances of board members; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1110. By Representative Parham of the 122nd:
A BILL to amend Code Section 32-6-30 of the Official Code of Georgia Annotated, relating to stopping vehicles for purposes of weighing, measuring or inspecting, reports of violations, and refusal to stop, so as to change certain provisions relating to refusal to stop; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1111. By Representative Parham of the 122nd:
A BILL to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road relative to driving on the right side of roadways, overtaking and passing, and following too closely, so as to change certain provisions relating to trucks using multilane highways; to provide lane usage restrictions for certain vehicles or combinations of vehicles on multilane highways; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1112. By Representative Parham of the 122nd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration of motor vehicles; to change certain provisions relating to processing by private persons of applications for registration; to

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change certain provisions relating to special license plates for members of active reserve components of the United States; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1113. By Representative Rogers of the 20th:
A BILL to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the "Parking Law for Persons with Disabilities," so as to provide for identification of persons appointed to enforce such law; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1114. By Representative Greene of the 158th:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Clay County; and for other purposes.

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

HB 1115. By Representatives Harbin of the 113th, Shaw of the 176th, Heard of the 89th, Wilkinson of the 43rd, Dodson of the 94th and others:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide that insurers shall not use the credit reports or credit scoring of individuals for underwriting purposes for motor vehicle insurance policies; and for other purposes.

Referred to the Committee on Insurance.

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HB 1116. By Representative Holland of the 157th:
A BILL to amend Code Section 9-11-16 of the Official Code of Georgia Annotated, relating to pretrial procedure, formulating issues, the pretrial order, and the pretrial calendar, so as to provide that after entry of an order governing a civil trial, the court in its discretion may allow additional witnesses to be called; and for other purposes.

Referred to the Committee on Judiciary.

HB 1117. By Representative Powell of the 23rd:
A BILL to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to insert additional legislative findings; to revise and add definitions; to provide that no certificate of authority shall be required to provide customer services; to provide for an independent nonaffiliated forecasting agent and an independent nonaffiliated auditor; and for other purposes.

Referred to the Committee on Industry.

HB 1118. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of Athens-Clarke County are elected; and for other purposes.

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

HB 1119. By Representative Floyd of the 138th:
A BILL to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, so as to change the description of the education districts; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 1120. By Representatives Day of the 153rd, Stephens of the 150th, Bordeaux of the 151st, Pelote of the 149th and Davis of the 60th:
A BILL to amend Part 2 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to change certain provisions regarding postponement and extension of qualifying; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1121. By Representatives Ashe of the 46th, Reece of the 11th, Bell of the 25th and Skipper of the 137th:
A BILL to amend 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, and Code Section 45-18-5, relating to coverage of county officers and employees under the state employees' health insurance plan; to provide expressly that members of local boards of education who are eligible for state employees' insurance, schoolteachers' insurance, or school employees' insurance by reason of some status other than membership on a local board of education may choose such coverage in lieu of coverage as a member of a local board of education; and for other purposes.
Referred to the Committee on Education.
HB 1122. By Representatives Smith of the 169th, Mosley of the 171st, Barnard of the 154th, DeLoach of the 172nd, Byrd of the 170th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

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Referred to the Committee on Transportation.

HB 1123. By Representatives Harbin of the 113th and Jackson of the 112th:
A BILL to amend Code Section 20-2-316 of the Official Code of Georgia Annotated, relating to the involvement of athletic associations in high school athletics, so as to provide that no public high school which receives funds under the Quality Basic Education Act shall participate in or sponsor interscholastic competition administered by a high school association unless the high school association meets certain criteria related to the average distance required for travel to region athletic competitions; and for other purposes.

Referred to the Committee on Education.

HB 1124. By Representatives Parham of the 122nd and Hudson of the 120th:
A BILL to amend an Act creating the Board of Commissioners of Baldwin County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 1125. By Representatives Parham of the 122nd and Hudson of the 120th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Baldwin County, so as to change the description of the education district; and for other purposes.

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

HB 1126. By Representatives Morris of the 155th and Lane of the 146th:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to require a license or permit for certain animals; and for other purposes.

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Referred to the Committee on Game, Fish & Parks.
HB 1127. By Representatives West of the 101st, Stallings of the 100th, Buck of the 135th, McBee of the 88th, Mueller of the 152nd and others:
A BILL to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change the provisions relating to access to records; to change the provisions relating to contents and furnishing of records and reports; to change the provisions relating to the powers and duties of the Department of Human Resources and child-placing agencies; to provide for disclosure of certain information and the practices, procedures, and requirements related thereto; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records; and for other purposes.
1/29/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1127. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative West District 101
Referred to the Committee on Judiciary.
HB 1128. By Representatives Bordeaux of the 151st, Davis of the 60th, Hammontree of the 4th, Benfield of the 67th, Massey of the 86th and others:
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, Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to purchase of motor vehicle liability insurance by municipal corporations, Code Section 36-33-1 of the Official Code of Georgia Annotated, relating to local government, and Code Section 40-6-6 of

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the Official Code of Georgia Annotated, relating to authorized emergency vehicles, so as to provide for waiver of the immunity of local government entities for injury or damage arising out of the negligent use of motor vehicles; and for other purposes.

Referred to the Committee on Judiciary.

HB 1129. By Representative Amerson of the 7th:
A BILL to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, so as to change the description of the education districts; and for other purposes.

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

HR 848. By Representatives McKinney of the 51st, Holmes of the 53rd, Brooks of the 54th, Dean of the 48th, Gardner of the 47th and others:
A RESOLUTION creating the Joint MARTA Finance Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 849. By Representatives Channell of the 111th, Parrish of the 144th, Stephens of the 150th, Jamieson of the 22nd and Harbin of the 113th:
A RESOLUTION creating the House Tourism Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 850. By Representatives Millar of the 59th, Jamieson of the 22nd, Snelling of the 99th, Rice of the 79th and Jennings of the 63rd:

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A RESOLUTION proposing an amendment to the Constitution so as to provide for charter schools and special charter schools approved by the State Board of Education to receive state and local funds in the same manner as other public schools; and for other purposes.

Referred to the Committee on Education.

HR 851. By Representatives McClinton of the 68th, McKinney of the 51st, Ashe of the 46th, Orrock of the 56th, Sinkfield of the 57th and others:
A RESOLUTION creating the Joint MARTA Study Committee; and for other purposes.

Referred to the Committee on Rules.

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

HB 985 HB 986 HB 987 HB 1091 HB 1092 HB 1093 HB 1094 HB 1095 HB 1096 HB 1097

HB 1098 HB 1099 HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HR 837 HR 838

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:

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HR 796 Do Pass HR 835 Do Pass HR 841 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1071 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 1071. By Representatives Bannister of the 77th, Coleman of the 80th, Squires of the 78th, Callaway of the 81st, Mills of the 21st and others:
A BILL to amend an Act relating to the education districts for the election of the members of the Board of Education of Gwinnett County, so as to change the provisions relating to education districts for the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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197

On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1010. By Representative Massey of the 86th:
A BILL to amend an Act providing authority for members of the Board of Education of Barrow County, so as to provide for reapportionment of districts for the election of members of the board of education; and for other purposes.
HB 1011. By Representative Massey of the 86th:
A BILL to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to provide for reapportionment of districts for the election of members of the board of commissioners; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House:
HB 127. By Representative Squires of the 78th:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize the juvenile court to order parents or other persons legally obligated to support a child to pay certain costs and expenses in the form of periodic child support in certain circumstances; to provide for application of child support guidelines and for payment to the family support registry; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

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SB 32.

By Senators Brown of the 26th, Walker of the 22nd, Thomas of the 10th, Polak of the 42nd and Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 21-2-40 of the Official Code of Georgia Annotated, relating to the creation of county boards of elections and boards of elections and registration by the General Assembly, so as to provide for the creation of boards of elections and registration in each county in which the General Assembly has not heretofore created such a board by local Act; to provide for the membership of such board; to provide for its powers and duties; to provide for an elections supervisor, clerical assistants, and other employees; to provide for the transfer of duties, powers, and functions of the county election superintendent and registrars to the board; to provide for other matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

The following Resolution of the House was read:

HR 903. By Representatives Murphy of the 18th, Walker of the 141st and Skipper of the 137th

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, February 6, 2002, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.

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199

BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that H. R. 784 is hereby repealed and the joint session previously scheduled by H. R. 784 for January 31, 2002, is hereby canceled.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

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

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

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

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

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

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 Stanley Stanley-Turner Y Stephens Y Stokes 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, J

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

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E Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Sims Y Sinkfield Y Skipper Y Smith, B

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution was adopted.

Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

Representative Sinkfield of the 57th arose to a point of personal privilege and addressed the House.

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

HB 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.

The following Committee substitute was read and adopted:

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 provide for a discretionary benefit increase; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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201

SECTION 1. 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, is amended in subsection (a) by striking the word "and" at the end of paragraph (8), by striking the period and inserting in its place the symbol and word "; and" at the end of paragraph (9), and by inserting at the end thereof the following:
"(10)(A) Subject to the terms and limitations of this Code section, the board of trustees is authorized to provide for a one-time increase in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons retired or retiring under this chapter. Such increase shall be based upon:
(i) The recommendation of the actuary of the board of trustees; (ii) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (iii) Such other factors as the board deems relevant. Such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (B) No increase granted pursuant to subparagraph (A) of this paragraph shall exceed 4 percent of the maximum monthly retirement benefit then in effect. Such increase shall be in addition to any other increase in such benefit provided by this chapter."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Allen Y Amerson
Anderson Y Ashe

Y Cox Crawford
Y Cummings Y Davis

Y Hudson, N Y Hudson, S Y Hugley Y Irvin

Y O'Neal Y Orrock Y Parham Y Parrish

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

202
Y Bannister Barnard
Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner
Bulloch Y Bunn Y Burkhalter Y Burmeister E 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

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Y Day Dean 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard E Heckstall Y Hembree
Henson Y Hines E Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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 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
Sholar Sims Y Sinkfield Skipper Y Smith, B

Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 126. By Representative Everett of the 163rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that certain persons who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in this state; and for other purposes.

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

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203

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

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

Y Cox Crawford
Y Cummings Y Davis Y Day N Dean
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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard E Heckstall Y Hembree Y Henson Y Hines E Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor 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, J Y Williams, R Wix Y Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 142, nays 7. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Sholar of the 179th 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.

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The Speaker Pro Tem assumed the Chair.
HB 829. By Representatives Powell of the 23rd, Childers of the 13th, Stokes of the 92nd and Greene of the 158th:
A BILL to amend Code Section 15-16-121 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to increase the fee for serving copy of process and returning original; and for other purposes.
Representative Walker of the 141st moved that HB 829 be placed upon the table.
The motion prevailed.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 796. By Representatives Barnes of the 97th, Dodson of the 94th, Seay of the 93rd, Buckner of the 95th and Jordan of the 96th:
A RESOLUTION commending and congratulating Judy Serritella and inviting her to appear before the House of Representatives; and for other purposes.
HR 835. By Representatives Bannister of the 77th and Dix of the 76th:
A RESOLUTION inviting the coaches and players of the Parkview High School Panthers football team to appear before the House of Representatives; and for other purposes.
HR 841. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd:
A RESOLUTION declaring January 29, 2002, as Albany-Dougherty County Day at the state capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives; and for other purposes.

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205

Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 391. By Representatives Stancil of the 16th, Walker of the 141st, Royal of the 164th, Pinholster of the 15th, Shanahan of the 10th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that counties and municipalities may establish community redevelopment tax incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated; and for other purposes.
The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that counties and municipalities may establish community redevelopment tax incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article IX, Section II, Paragraph VII of the Constitution is amended by adding at its end a new subparagraph (d) to read as follows:
"(d) The existence in a community of real property which is maintained in a blighted condition increases the burdens of state and local government by increasing the need for governmental services, including but not limited to social services, public safety services, and code enforcement services. Rehabilitation of blighted property decreases the need for such governmental services. In recognition of such service needs and in order to encourage community redevelopment, the counties and municipalities of this state are authorized to establish community redevelopment tax incentive programs as authorized in this subparagraph. A community redevelopment tax incentive program

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shall be established by ordinance of the county or municipality. Any such program and ordinance shall include the following elements:
(1) The ordinance shall specify ascertainable standards which shall be applied in determining whether property is maintained in a blighted condition; (2) The ordinance shall establish a procedure for the official identification of real property in the county or municipality which is maintained in a blighted condition. Such procedure shall include notice to the property owner and the opportunity for a hearing with respect to such determination.
(3) The ordinance shall specify an increased rate of ad valorem taxation to be applied to property which has been officially identified as maintained in a blighted condition. Such increase in the rate of taxation shall be accomplished through application of a factor to the millage rate applied to the property, so that such property shall be taxed at a higher millage rate than the millage rate generally applied in the county or municipality, or otherwise as may be provided by general law. (4) The ordinance may, but shall not be required to, segregate revenues arising from any increased rate of ad valorem taxation and provide for use of such revenues only for community redevelopment purposes; (5) The ordinance shall specify ascertainable standards for rehabilitation through remedial actions or redevelopment with which the owner of property may comply in order to have the property removed from identification as maintained in a blighted condition; (6) The ordinance shall specify a decreased rate of ad valorem taxation to be applied for a specified period of time after the county or municipality has accepted a plan submitted by the owner for remedial action or redevelopment of the blighted property and the owner is in compliance with the terms of the plan. Such decrease in the rate of taxation shall be accomplished through application of a factor to the millage rate applied to the property, so that such property shall be taxed at a lower millage rate than the millage rate generally applied in the county or municipality, or otherwise as may be provided by general law. (7) The ordinance may contain such other matters as are consistent with the intent and provisions of this subparagraph and general law. Variations in rate of taxation as authorized under this subparagraph shall be a permissible variation in the uniformity of taxation otherwise required. The increase or decrease in rate of taxation accomplished through a change in the otherwise applicable millage rate shall affect only the general millage rate for county or municipal maintenance and operations. A county and one or more municipalities in the county may, but shall not be required to, establish a joint community redevelopment tax incentive program through the adoption of concurrent ordinances. No Act of the General Assembly shall be required for counties and municipalities to establish community redevelopment tax incentive programs. However, the General Assembly may by general law regulate, restrict, or limit the powers granted to counties and municipalities under this subparagraph."

TUESDAY, JANUARY 29, 2002

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SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that counties and municipalities may establish community redevelopment tax incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read and adopted:

Representatives Walker of the 141st, Royal of the 164th, Collins of the 29th and Willard of the 44th move to amend the Committee substitute to HR 391 as follows:
By adding at the end of line 13, page two the following:
As used herein, the term "blighted condition" shall include, at a minimum, property that constitutes endangerment to public health or safety;"

The Committee substitute, as amended, was adopted.

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

On the adoption of the Resolution, 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 Cox Y Crawford N Cummings Y Davis Y Day Y Dean Y Deloach, B

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

Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Pinholster

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

208
Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister E Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T Y Collins
Connell N Cooper

JOURNAL OF THE HOUSE

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

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

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

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

On the adoption of the Resolution, by substitute, as amended, the ayes were 114, nays 49.
The Resolution, having failed to receive the requisite constitutional majority, was lost.

Representative Walker of the 141st gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HR 391.

The Speaker assumed the Chair.

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;

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209

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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for a dog and cat reproductive sterilization support program and related educational activities; to provide for funds, rules, and reports related thereto; to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates promoting such program and related activities; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 15 to read as follows:
"CHAPTER 15 4-15-1. (a) The Commissioner shall establish a dog and cat reproductive sterilization support program and educational activities in support thereof. The department shall utilize moneys placed in a special fund for such program as derived from special license plate sales, any funds appropriated to the department for such purposes, and any voluntary contributions or other funds made available to the department for such purposes for the implementation, operation, and support of such reproductive sterilization program. The Commissioner is authorized to promulgate rules to direct and administer the dog and cat reproductive sterilization support program and to carry out this Code section. (b) The Commissioner shall submit a report to the Senate Agriculture Committee and the House Committee on Agriculture and Consumer Affairs detailing the receipts of and expenditures from the dog and cat reproductive sterilization support program fund. Such report shall be made not later than the last day of August each year."

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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, following Code Section 40-2-49.2, a new Code Section 40-2-49.3 to read as follows:
"40-2-49.3. (a) In order to promote and financially provide for dog and cat reproductive sterilization support programs and educational activities directly in support thereof, there shall be issued beginning January 1, 2003, special license plates promoting the dog and cat reproductive sterilization support program provided for in Code Section 415-1. (b) The Department of Agriculture, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote dog and cat reproductive sterilization support programs. The dog and cat reproductive sterilization support program license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. Such design shall provide space in which to indicate 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 licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the dog and cat reproductive sterilization support program license plates, 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 of Agriculture. The Commissioner of Agriculture 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 of Agriculture. (d) Beginning in calendar year 2003, 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 $25.00 in addition to the regular motor vehicle registration fee, shall be issued a dog and cat reproductive sterilization support program license plate. Revalidation decals shall be issued for dog and cat reproductive sterilization support program license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of dog and cat reproductive sterilization support program 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

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deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of dog and cat reproductive sterilization support program license plates to the Department of Agriculture. (f) An applicant may request a dog and cat reproductive sterilization support program license plate any time during the applicants registration period. If such a license plate is to replace a current valid license plate, the dog and cat reproductive sterilization support program license plate shall be issued with appropriate decals attached. (g) Dog and cat reproductive sterilization support program license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42. (h) Dog and cat reproductive sterilization support program license plates shall be issued within 30 days of application."
SECTION 3. (a) This Act shall become effective on January 1, 2003, except as otherwise provided by subsection (b) of this section. (b) If an amendment to the Constitution of the State of Georgia authorizing the creation of a special fund for support of the dog and cat reproductive sterilization support program is not ratified at the general election in 2002, this Act shall be repealed in its entirety on January 1, 2003, and no such motor vehicle license plates shall be issued pursuant to this Act.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Benfield
Birdsong

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

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

Y O'Neal 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

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

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Y Drenner Dukes
Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene E Hammontree Y Hanner Y Harbin E Harrell
Heard E Heckstall Y Hembree Y Henson Y Hines E Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Barnard of the 154th and Smith of the 91st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1086. By Representatives Ray of the 128th, Floyd of the 138th, Royal of the 164th and Purcell of the 147th:
A BILL to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that certain food sales establishments shall post licenses on the premises in an open and conspicuous manner so as to be visible to the public; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister E Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell
Heard E Heckstall Y Hembree Y Henson Y Hines E Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Hudson, N Y Hudson, S Y Hugley
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 N Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee E McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 155, nays 7. The Bill, having received the requisite constitutional majority, was passed.

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.

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HB 1087. By Representatives Ray of the 128th, Floyd of the 138th, Royal of the 164th and Purcell of the 147th:
A BILL to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to provide for additional definitions; and for other purposes.

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

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

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

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

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

Y O'Neal Y Orrock Y Parham 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 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

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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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On the passage of the Bill, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Walker of the 141st assumed the chair.
The following communication was received:
House of Representatives Legislative Office Building, Room 512
Atlanta, Georgia 30334
January 25, 2002
The Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
This letter comes in official resignation of my position as state representative of House District 116 effective January 31, 2002. Recent occurrences demand that I relinquish my seat at this time.
Working with you has been a privilege and a blessing, and I thank God for the opportunity He gave me to serve with you and with the members of the legislative body. I will miss the challenge and adventure my role as a state legislator offered.
I greatly appreciate the encouragement and support you and the members of the leadership have given me during my tenure. I will always remember your kindness. Thank you for your consideration.
Sincerely,
/s/ Alberta J. Anderson State Representative, District 116
cc: Governor Roy E. Barnes

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

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Representative Hall, Atlanta, Georgia Wednesday, January 30, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. George Dillard, Senior Minister, Peachtree City Christian Church, Peachtree City, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 984. By Representatives Kaye of the 37th, Bunn of the 74th, Hines of the 38th, Forster of the 3rd, Scheid of the 17th and others:
A BILL to provide for legislative findings; to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for state funding under the Quality Basic Education Formula, so as to provide that each program weight shall reflect the funds to pay 100 percent of the state-wide average cost of textbooks per student in the program for the preceding school year; and for other purposes.
Referred to the Committee on Education.
HB 1130. By Representative Poag of the 6th:
A BILL to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to define the types of communications for which interception may be allowed; to revise provisions relating to interception of electronic or oral communications for law enforcement purposes so as to provide for the applicability of such provisions in the case of terroristic acts and terroristic threats and to clarify the permissible scope of interception warrants; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1131. By Representative Hembree of the 98th:
A BILL to amend Code Section 16-9-4, relating to a prohibition against knowingly manufacturing, selling, or distributing a false identification document and penalties, so as to provide that it shall be unlawful for any person knowingly to manufacture, sell, or distribute any counterfeit or altered

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driver's license or an identification card authorized under Code Sections 405-100 through 40-5-104 or a colorable imitation of any such document; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1132. By Representative Barnard of the 154th:
A BILL to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, so as to authorize but not require certain local governing authorities to provide supplemental compensation to members who have successfully completed certain training by the Carl Vinson Institute of Government; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1133. By Representative Barnard of the 154th:
A BILL to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to the organization of county government, so as to authorize the General Assembly by local Act to exempt the governing authority of a county or consolidated government from a provision requiring a supplement in compensation for any member of such a governing authority who successfully completes certain training by the Carl Vinson Institute of Government; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1134. By Representative Barnard of the 154th:
A BILL to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to expense supplements of the chairman and members of the board of commissioners; and for other purposes.

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

HB 1135. By Representative Campbell of the 42nd:
A BILL to amend Article 13 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trust investments, so as to provide for the delegation of certain fiduciary functions; and for other purposes.

Referred to the Committee on Judiciary.

HB 1136. By Representatives Reichert of the 126th and Jenkins of the 110th:
A BILL to amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death the death of the individual may be proved by clear and convincing evidence at any time after such exposure; and for other purposes.

Referred to the Committee on Judiciary.

HB 1137. By Representatives Birdsong of the 123rd, Buck of the 135th, Walker of the 141st, Murphy of the 18th and Skipper of the 137th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that military income received by a taxpayer who is a member of the national guard or any reserve component of the armed forces of the United States called to active duty shall not be subject to state income tax; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 1138. By Representatives Parrish of the 144th and Royal of the 164th:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain provisions regarding amounts payable for such redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1139. By Representatives Callaway of the 81st, Benfield of the 67th, Westmoreland of the 104th, Cooper of the 31st, Smith of the 19th and others:
A BILL to amend Chapter 15 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of cancer patients, so as to create the Cancer Care Trust Fund; to provide for its administration; to provide for an opportunity to contribute to the trust fund of Georgia income tax returns; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1140. By Representatives Skipper of the 137th and Hudson of the 156th:
A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to allow 90 days for commission orders after a hearing regarding electric fuel cost recovery or adoption or amendment of natural gas capacity supply plans; to authorize the Public Service Commission to seek an injunction against the violation of any law administered by the commission or any rule, order, or regulation established by the commission; and for other purposes.

Referred to the Committee on Industry.

HB 1141. By Representatives Ehrhart of the 36th, Wiles of the 34th, Franklin of the 39th, Parsons of the 40th, Kaye of the 37th and others:

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A BILL to amend an Act creating the Board of Commissioners of Cobb County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

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

HB 1142. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL 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 victim compensation awards, maximum amounts allowed, types of awards authorized, and effective date of awards; to increase the fee charged to probationers; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1143. By Representatives Scott of the 165th, Westmoreland of the 104th, Cox of the 105th, Rice of the 79th, Hudgens of the 24th and others:
A BILL to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions from state income taxation, so as to increase the amount of such personal exemptions; and for other purposes.

1/30/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1143. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Scott District 165

Referred to the Committee on Ways & Means.

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HB 1144. By Representatives Franklin of the 39th, Hammontree of the 4th, Williams of the 5th, Ehrhart of the 36th, Forster of the 3rd and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that public safety income received by a taxpayer who is a full-time or part-time safety officer shall not be subject to state income tax; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1145. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Anderson of the 116th and Mangham of the 75th:
A BILL to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Boat Safety Act," so as to provide that the Board of Natural Resources shall provide for permits pursuant to which certain athletes may mark courses for training in certain water sports; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 1146. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Anderson of the 116th and Mangham of the 75th:
A BILL to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the nineteenth day of June in each year as a legal holiday and as "Juneteenth Celebration Day" in Georgia; to provide an additional day for closing state offices for public and legal holidays; to provide an explanation of the significance of June 19, 1865; and for other purposes.
Referred to the Committee on Rules.
HB 1147. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Anderson of the 116th and Mangham of the 75th:

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A BILL to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate the nineteenth day of June in each year as "Juneteenth Celebration Day" in Georgia; to provide an explanation of the significance of June 19, 1865; and for other purposes.
Referred to the Committee on Rules.
HB 1148. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Ashe of the 46th:
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 a special license plate supporting certain breast cancer related programs for the medically indigent; to dedicate revenue derived from the sale of such special license plates to the Indigent Care Trust Fund; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 904. By Representatives Callaway of the 81st, Benfield of the 67th, Cooper of the 31st, Westmoreland of the 104th, Burmeister of the 114th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the creation of the Cancer Care Trust Fund; and for other purposes.
Referred to the Committee on Ways & Means.
HR 905. By Representatives Holmes of the 53rd, Watson of the 70th, Ashe of the 46th, Wilkinson of the 43rd, Willard of the 44th and others:
A RESOLUTION creating the Commission on Regional Transportation; and for other purposes.
Referred to the Committee on Rules.

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HR 906. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Anderson of the 116th and Mangham of the 75th:
A RESOLUTION designating the nineteenth day of June of each year as "Juneteenth Celebration Day" in Georgia; and for other purposes.

Referred to the Committee on Rules.

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

HB 981 HB 1105 HB 1106 HB 1107 HB 1108 HB 1109 HB 1110 HB 1111 HB 1112 HB 1113 HB 1114 HB 1115 HB 1116 HB 1117 HB 1118 HB 1119

HB 1120 HB 1121 HB 1122 HB 1123 HB 1124 HB 1125 HB 1126 HB 1127 HB 1128 HB 1129 HR 848 HR 849 HR 850 HR 851 SB 32

Pursuant to Rule 52, Representative McCall of the 90th moved that the following Bill of the House be engrossed:

HB 1108. By Representatives McCall of the 90th, Hanner of the 159th, Murphy of the 18th and Wix of the 33rd:
A BILL to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources

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relative to the Georgia Motor Vehicle Emission Inspection and Maintenance Act, designation of the commissioner of natural resources or director of the Environmental Protection Division as the board's agent, and the duties of the director, so as to further describe a certain power; and for other purposes.

The motion prevailed.

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

HB 1127. By Representatives West of the 101st, Stallings of the 100th, Buck of the 135th, McBee of the 88th, Mueller of the 152nd and others:
A BILL to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change the provisions relating to access to records; to change the provisions relating to contents and furnishing of records and reports; to change the provisions relating to the powers and duties of the Department of Human Resources and child-placing agencies; to provide for disclosure of certain information and the practices, procedures, and requirements related thereto; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records; and for other purposes.

The motion prevailed.

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 728 Do Pass, by Substitute

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Respectfully submitted, /s/ Ray of the 128th
Chairman

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

Mr. Speaker:

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

HB 1042 Do Pass, by Substitute HB 1056 Do Pass HB 1057 Do Pass, by Substitute

HB 1058 Do Pass, by Substitute HB 1059 Do Pass HB 1088 Do Pass

Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 116 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:

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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 1066 Do Pass, by Substitute
Respectfully submitted, /s/ Bordeaux of the 151st
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 264 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 842 Do Pass HR 902 Do Pass

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Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1067 Do Pass, by Substitute HB 1102 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 1067. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd:
A BILL to amend an Act providing for the Board of Education of Troup County, so as to change the description of the education districts; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing a board of education of Troup County, approved January 1,

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1986 (Ga. L. 1986, p. 3515), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows:
"SECTION 1. (a) The Troup County School District shall be defined as all of Troup County. Those members of the Board of Education of Troup County who are serving as such immediately prior to the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Education of Troup County shall consist of seven members all of whom shall be elected from education districts described in subsection (b) of this section. (b) For purposes of electing members of the board of education, the Troup County School District is divided into seven education districts. One member of the board shall be elected from each such district. The seven education districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: troupsbwk1Rev Plan Type: LOCAL User: Shantee Administrator: CNTY-TROUP. (c) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the Troup County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Troup County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise

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provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. Said Act is further amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"SECTION 4. (a) The members of the Board of Education of Troup County shall be elected as provided in this subsection. The first members from Education Districts 1, 4, and 7 shall be elected at the general election on the Tuesday next following the first Monday in November 2002. Those members of the board elected thereto from Education Districts 1, 4, and 7 in 2002 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification of their respective successors. The first members from Education Districts 2, 3, 5, and 6 shall be elected at the general election on the Tuesday next following the first Monday in November 2004. Those members of the board elected thereto from Education Districts 2, 3, 5, and 6 in 2004 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2008, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) Education Districts 1, 2, 3, 4, 5, 6, and 7, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. (c) 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' in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A."
SECTION 3. It shall be the duty of the attorney of the Board of Education of Troup County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 001 Troup County
Tract: 9607 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 BG: 4 4001 4002 4003 4004 4005 4006 4007 Tract: 9608 BG: 1 1017 1030 1031 1032 BG: 2 2016 2017 2018 2019 2020 2021 2022 2023 2024 2029 2030 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 BG: 4 4010 4011 4012 4013 4014 4015 4016 4017 4032 4033 4034 4035 4036 Tract: 9609.01 BG: 1 BG: 2 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 Tract: 9609.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1041 1042 1043 1044 1045 1046 1047 1048 1049 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1068 1069 1070 1071 BG: 2 2022 Tract: 9610 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 BG: 2

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2003 2004 2005 2006 2013 2014 2015 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2033 2034 2035 BG: 3 BG: 4

District 002 Troup County
Tract: 9606 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 Tract: 9607 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3017 3018 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3998 3999 BG: 4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4999 BG: 5 Tract: 9609.02 BG: 1 1036 1037 1038 1039 1040 1064 1065 1066 1067 1072 1073 Tract: 9610 BG: 1 1000 1001 1002 1003 1004 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1045 1046 1047 Tract: 9611

District 003 Troup County
Tract: 9601 BG: 1 BG: 2 BG: 3 BG: 4 BG: 5

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5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5996 5998 5999 Tract: 9602 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1029 1993 1994 1995 1996 1997 1998 1999 Tract: 9605.02 BG: 1 1001 1002 1028 1029 1030 1031 1032 1033 1034 1035 1036 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1086 1087 1088 1089 1090 1091 1092 1093

District 004 Troup County
Tract: 9602 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2043 2044 2045 2046 2052 2066 2067 2068 2987 2988 2990 2994 2995 2996 2997 2998 2999 Tract: 9603 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2049 2050 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 BG: 3 Tract: 9604 BG: 1 1027 1028 1029 1030 1031 1991 1992 1993 1994 BG: 2 BG: 3 3002 3011 3012 3013 3014 3015 3016 BG: 4

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4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4022 4023 4024 4025 4026 4027 4033 Tract: 9609.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3999

District 005 Troup County
Tract: 9601 BG: 5 5997 Tract: 9602 BG: 1 1023 1024 1025 1026 1027 1028 1990 1991 1992 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1995 1996 1997 1998 1999 Tract: 9605.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2024 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3998 3999 Tract: 9605.02 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1026 1027 1051 BG: 2 Tract: 9606 BG: 1 1011 1012 1013 1014

District 006 Troup County
Tract: 9602 BG: 2 2040 2041 2042 2047 2048 2049 2050 2051 2053 2054 2055 2056

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2057 2058 2059 2060 2061 2062 2063 2064 2065 2069 2989 2991 2992 2993 Tract: 9603 BG: 2 2021 2040 2041 2042 2043 2044 2045 2046 2047 2048 Tract: 9604 BG: 4 4028 4029 4030 4031 4032 Tract: 9608 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1033 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2025 2026 2027 2028 BG: 3 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 Tract: 9609.01 BG: 3 3000 3001 BG: 4 Tract: 9609.02 BG: 1 1050 1051 1052 1053 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2029 2996 2997 2998 2999 BG: 3 3008 3009 3010 3011 3012 Tract: 9610 BG: 2 2000 2001 2002 2007 2008 2009 2010 2011 2012 2016 2017 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2042 2043 2996 2997 2998 2999 BG: 5

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District 007 Troup County
Tract: 9604 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 BG: 4 4000 4001 4020 4021 Tract: 9605.01 BG: 1 BG: 2 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028 BG: 3 3017 BG: 4 Tract: 9605.02 BG: 1 1049 1050 1059 1060 1061 Tract: 9606 BG: 1 1015 1016 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 9607 BG: 1 1000 1001 BG: 2 BG: 3 3012 3013 3016 3019 3020 3021 BG: 4 4000

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 116, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 1102. By Representative Floyd of the 138th:
A BILL to amend an Act creating the Board of Commissioners of Crisp County, so as to change the descriptions of commissioner districts and posts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 324. By Senators Cheeks of the 23rd, Harbison of the 15th and Brown of the 26th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any person otherwise eligible for coverage who declined coverage because he or she was covered under a health insurance plan offered by the federal government based upon prior military service may, under certain conditions, begin or resume coverage under the state health insurance plan; to repeal conflicting laws; and for other purposes.
SB 334. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th, Haines of the 46th, Harp of the 16th and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to definitions; to change certain provisions relating to lien foreclosure procedure; to change certain provisions

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relating to duty of person removing or storing motor vehicle; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 901. By Representative Murphy of the 18th:
A RESOLUTION recognizing the 200th Anniversary of the United States Military Academy; and for other purposes.
HR 903. By Representatives Murphy of the 18th, Walker of the 141st and Skipper of the 137th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
The President appointed as a committee of escort on the part of the Senate the following Senators: Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Moore of the 18th, Thomas of the 10th and Butler of the 55th.

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

SB 324. By Senators Cheeks of the 23rd, Harbison of the 15th and Brown of the 26th:
A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide that any person otherwise eligible for coverage who declined coverage because he or she was covered under a health insurance plan offered by the federal government based upon prior military service may, under certain conditions, begin or resume coverage under the state health insurance plan; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

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SB 334. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th, Haines of the 46th, Harp of the 16th and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change certain provisions relating to definitions; to change certain provisions relating to lien foreclosure procedure; to change certain provisions relating to duty of person removing or storing motor vehicle; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

Representative Pinholster of the 15th arose to a point of personal privilege and addressed the House.

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

Representative Westmoreland of the 104th arose to a point of personal privilege and addressed the House.

Representative Mueller of the 152nd arose to a point of personal privilege and addressed the House.

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

HR 842. By Representatives Jennings of the 63rd, Brown of the 130th, Snelling of the 99th, Joyce of the 1st and Manning of the 32nd: A RESOLUTION recognizing the Presbytery of Greater Atlanta and inviting representatives to appear before this body; and for other purposes.
HR 902. By Representative Floyd of the 138th: A RESOLUTION recognizing January 31, 2002, as "Forestry Day at the

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Capitol" and inviting Andy Stone, Paul Mott, and Fred Allen of the Georgia Forestry Association to appear before the House of Representatives; for other purposes.

Representative Walker of the 141st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:

HR 391. By Representatives Stancil of the 16th, Walker of the 141st, Royal of the 164th, Pinholster of the 15th, Shanahan of the 10th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that counties and municipalities may establish community redevelopment tax incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated; and for other purposes.

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

Allen N Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Callaway Y Campbell

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

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

Y O'Neal 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 Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott

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

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

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

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

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

On the motion, the ayes were 133, nays 17. The motion prevailed.

Y Wiles Y Wilkinson Y Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

Representative Graves of the 125th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

SB 177. By Senators Harbison of the 15th, Kemp of the 3rd and Dean of the 31st:
A BILL to be entitled an Act to amend Code Section 33-5-26 of the Official Code of Georgia Annotated, related to the endorsement of insurance contract by broker, so as to require that certain surplus lines policies must provide brochures explaining coverages at the time of application for the policies; to authorize the promulgation of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain requirements with regard to the placement of insurance with foreign and alien insurers; to require that certain surplus lines policies must provide brochures explaining coverages at the time of application for the policies; to authorize the promulgation of rules and regulations; to provide a time period in which hearings must be requested; to provide procedures for hearings; to provide for definitions; to provide that

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certain insurers, health care corporations including provider sponsored health care corporations, and health maintenance organizations shall furnish claims experience to group policyholders; to provide for an alternative form of group claims experience reporting to policyholders as approved by the Commissioner of Insurance; to authorize the Commissioner of Insurance to approve fees to be charged for the provision of such claims experience reports; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (b) of Code Section 33-5-25, relating to placement of insurance with foreign or alien insurers, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) The broker shall so insure only: (1)(A) With a foreign insurer having an insurance company licensed and domiciled in a state or United States territory which at all times maintains capital and surplus amounting to at least $3 million; (2)(B) With an alien insurer which has been established for at least ten years and which has at least $10 million in capital and surplus, unless the character, trustworthiness, and financial integrity of an alien insurer is of such a nature that it would be in the best interests of the policyholders and the general public to use such insurer in accordance with standards prescribed by rules and regulations of the Commissioner any group of foreign individual underwriters licensed and domiciled in a state or United States territory if such group maintains a trust or security fund of at least $10 million as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group. If the group includes incorporated and unincorporated underwriters, the incorporated members shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the groups domiciliary regulatory as are the unincorporated members; or (3)(C) With any alien insurer or group of foreign or alien individual underwriters, including, but not limited to, any Lloyds group, or with a group including incorporated and individual unincorporated underwriters, the incorporated members of which shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the groups domiciliary regulator as are the unincorporated members, if such group maintains a trust or security fund of at least ten million United States dollars as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group; or that is on an approved list maintained by the Commissioner.

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(4)(2) With an An insurer or group of foreign individual underwriters described in subparagraph (A) or (B) of paragraph (1) or (2) of this subsection which shall annually furnishes furnish to the broker a copy of the insurers its current annual financial statement and, in the case of a group of foreign individual underwriters, evidence of compliance with required trust or security fund deposits."
SECTION 2. Said title is further amended by striking Code Section 33-5-26, relating to endorsement of insurance contract by broker, in its entirety and inserting in lieu thereof a new Code Section 33-5-26 to read as follows:
"33-5-26. (a) Every insurance contract procured and delivered as a surplus line coverage shall be initialed by or bear the name of the surplus line broker who procured it and shall have printed or stamped upon it the following: 'This contract is registered and delivered as a surplus line coverage under the Surplus Line Insurance Law and this (these) insurer(s) is (are) not authorized to do business in Georgia.' (b) No surplus lines policy or certificate in which the policy premium is $5,000.00 per annum or less shall be delivered in this state unless a standard disclosure form or brochure explaining surplus lines insurance is delivered to the applicant at the time application is made. The Commissioner may prescribe by rule or regulation a standard form and the contents of the brochure to be provided by the insurer to any prospective insured eligible for surplus lines insurance. (c) The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article."
SECTION 3. Said title is further amended by adding a new Code Section 33-9-21.2 to read as follows:
"33-9-21.2. Any insurer aggrieved by the Commissioners disapproval of any rate filing may petition the Commissioner for a hearing within ten days of the notification of such disapproval, unless otherwise specifically provided by law. A hearing conducted pursuant to this Code section shall be conducted in accordance with the provisions of Chapter 2 of this title."
SECTION 4. Said title is further amended by adding a new Code Section 33-30-13.1 to read as follows:
"33-30-13.1. (a) As used in this Code section, the term 'insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, provider sponsored health care corporation, health maintenance organization, or any similar entity.

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(b)(1) All insurers shall furnish, regardless of the rating methodology used, claims experience to group policyholders within 30 days of any policyholders request unless such information has been furnished to the group policyholder within the preceding six months. Such claims experience shall be furnished for all groups of 51 or more covered employees, members, or enrollees, not including dependents, and shall include, but shall not be limited to:
(A) Earned premiums separated by policy year for at least the last two policy years, if applicable; (B) Total incurred claims, inclusive of any high amount or pooled claims, including both capitated and noncapitated expenses set forth in the same manner as premiums; and (C) Any amounts in excess of the individual pooling or stop-loss point applicable to the group. (2) Insurers that utilize provider contracting methods including financial devices such as global fee arrangements to cover all medical expenses may make application to the Commissioner for approval of the use of an alternative form of claims experience reporting. The insurer must still provide Georgia experience on a group-specific basis or on such other reasonable basis as the Commissioner may approve for such insurer, in advance, based upon a submission of an explanation and supporting documentation. Any insurer that received approval for an alternative form of group claims experience reporting to policyholders shall be required to seek the Commissioners advance approval of a proposed response letter to group policyholders who request experience reporting. Such letter should describe the insurers reasons for seeking an alternative reporting process and describe the alternative form of reporting approved by the Commissioner. (3) Insurers may charge a reasonable fee for providing this information to group policyholders. The schedule or amount of fees to be charged group policyholders for providing this information shall be filed by each insurer with the Commissioner. (4) In providing claims experience to group policyholders under this Code section, insurers shall adhere to all state and federal laws regarding disclosure of protected health or personal information."
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 substitute, offered by Representative Lord of the 121st, was read and adopted:

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A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain requirements with regard to the placement of insurance with foreign and alien insurers; to require that certain surplus lines policies must have attached to or made a part of such policies forms or brochures explaining surplus lines coverages; to authorize the promulgation of rules and regulations; to provide a time period in which hearings must be requested; to provide procedures for hearings; to provide for definitions; to provide that certain insurers, health care corporations including provider sponsored health care corporations, and health maintenance organizations shall furnish claims experience to group policyholders; to provide for an alternative form of group claims experience reporting to policyholders as approved by the Commissioner of Insurance; to authorize the Commissioner of Insurance to approve fees to be charged for the provision of such claims experience reports; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (b) of Code Section 33-5-25, relating to placement of insurance with foreign or alien insurers, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) The broker shall so insure only: (1)(A) With a foreign insurer having an insurance company licensed and domiciled in a state or United States territory which at all times maintains capital and surplus amounting to at least $3 million; (2)(B) With an alien insurer which has been established for at least ten years and which has at least $10 million in capital and surplus, unless the character, trustworthiness, and financial integrity of an alien insurer is of such a nature that it would be in the best interests of the policyholders and the general public to use such insurer in accordance with standards prescribed by rules and regulations of the Commissioner any group of foreign individual underwriters licensed and domiciled in a state or United States territory if such group maintains a trust or security fund of at least $10 million as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group. If the group includes incorporated and unincorporated underwriters, the incorporated members shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the groups domiciliary regulatory as are the unincorporated members; or (3)(C) With any alien insurer or group of foreign or alien individual underwriters, including, but not limited to, any Lloyds group, or with a group including

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incorporated and individual unincorporated underwriters, the incorporated members of which shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the groups domiciliary regulator as are the unincorporated members, if such group maintains a trust or security fund of at least ten million United States dollars as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group; or that is on an approved list maintained by the Commissioner. (4)(2) With an An insurer or group of foreign individual underwriters described in subparagraph (A) or (B) of paragraph (1) or (2) of this subsection which shall annually furnishes furnish to the broker a copy of the insurers its current annual financial statement and, in the case of a group of foreign individual underwriters, evidence of compliance with required trust or security fund deposits."
SECTION 2. Said title is further amended by striking Code Section 33-5-26, relating to endorsement of insurance contract by broker, in its entirety and inserting in lieu thereof a new Code Section 33-5-26 to read as follows:
"33-5-26. (a) Every insurance contract procured and delivered as a surplus line coverage shall be initialed by or bear the name of the surplus line broker who procured it and shall have printed or stamped upon it the following: 'This contract is registered and delivered as a surplus line coverage under the Surplus Line Insurance Law, O.C.G.A. Chapter 33-5 and this (these) insurer(s) is (are) not authorized to do business in Georgia.' (b) No surplus lines policy or certificate in which the policy premium is $5,000.00 per annum or less shall be delivered in this state unless a standard disclosure form or brochure explaining surplus lines insurance is attached to or made a part of the policy or certificate. The Commissioner shall prescribe by rule or regulation the format and contents of such form or brochure. (c) Pursuant to Code Section 33-2-9, the Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article."
SECTION 3. Said title is further amended by adding a new Code Section 33-9-21.2 to read as follows:
"33-9-21.2. Any insurer aggrieved by the Commissioners disapproval of any rate filing may petition the Commissioner for a hearing within ten days of the notification of such disapproval, unless otherwise specifically provided by law. A hearing conducted pursuant to this Code section shall be conducted in accordance with the provisions of Chapter 2 of this title."
SECTION 4. Said title is further amended by adding a new Code Section 33-30-13.1 to read as follows:

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"33-30-13.1. (a) As used in this Code section, the term 'insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, provider sponsored health care corporation, health maintenance organization, or any similar entity.
(b)(1) All insurers shall furnish, regardless of the rating methodology used, claims experience to group policyholders within 30 days of any policyholders request unless such information has been furnished to the group policyholder within the preceding six months. Such claims experience shall be furnished for all groups of 51 or more covered employees, members, or enrollees, not including dependents, and shall include, but shall not be limited to:
(A) Earned premiums separated by policy year for at least the last two policy years, if applicable; (B) Total paid claims and total incurred claims, inclusive of any high amount or pooled claims, including both capitated and noncapitated expenses set forth in the same manner as premiums; and (C) Any amounts in excess of the individual pooling or stop-loss point applicable to the group. (2) Insurers that utilize provider contracting methods including financial devices such as global fee arrangements to cover all medical expenses may make application to the Commissioner for approval of the use of an alternative form of claims experience reporting. The insurer must still provide Georgia experience on a group-specific basis or on such other reasonable basis as the Commissioner may approve for such insurer, in advance, based upon a submission of an explanation and supporting documentation. Any insurer that received approval for an alternative form of group claims experience reporting to policyholders shall be required to seek the Commissioners advance approval of a proposed response letter to group policyholders who request experience reporting. Such letter should describe the insurers reasons for seeking an alternative reporting process and describe the alternative form of reporting approved by the Commissioner. (3) Insurers may charge a reasonable fee for providing this information to group policyholders. The schedule or amount of fees to be charged group policyholders for providing this information shall be filed by each insurer with the Commissioner. (4) In providing claims experience to group policyholders under this Code section, insurers shall adhere to all state and federal laws regarding disclosure of protected health or personal information."
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.

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

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

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

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

Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan 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 Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

Representative 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 808 Do Pass HR 843 Do Pass

HR 844 Do Pass HR 845 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 808. By Representatives Forster of the 3rd, Snow of the 2nd, Hammontree of the 4th and Joyce of the 1st:
A RESOLUTION commending and congratulating Beth Kellerhals and inviting her to appear before the House of Representatives; and for other purposes.

HR 843. By Representatives Ray of the 128th, Floyd of the 138th, Purcell of the 147th, Royal of the 164th, Houston of the 166th and others:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

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HR 844. By Representatives Smith of the 12th, Murphy of the 18th, Childers of the 13th and Cummings of the 27th:
A RESOLUTION commending and congratulating Berry College during its centennial celebration; and inviting Scott Colley, President of Berry College, to appear before the House of Representatives at a date and time to be determined by the Speaker of the House of Representatives; and for other purposes.

HR 845. By Representatives Taylor of the 134th, Hugley of the 133rd, Lucas of the 124th, Stanley of the 49th, Sinkfield of the 57th and others:
A RESOLUTION recognizing Delta Sigma Theta Day and inviting representatives of the sorority to appear before this body; and for other purposes.

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

HR 907. By Representatives Hugley of the 133rd, Smyre of the 136th, Randall of the 127th, Taylor of the 134th, Jackson of the 148th and others:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol on February 18, 2002, and inviting the Regional Director, Sonjia Garcia, to appear before the House of Representatives; and for other purposes.

HR 908. By Representatives Hugley of the 133rd, Smyre of the 136th, Buck of the 135th, Taylor of the 134th, Roberts of the 132nd and others:
A RESOLUTION commending the Youth Advisory Council of Columbus, Georgia; inviting the members of the Youth Advisory Council to appear before the House of Representatives at a date and time to be designated by the Speaker of the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

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HR 911. By Representatives Byrd of the 170th, Lane of the 146th, Barnard of the 154th and Coleman of the 142nd:
A RESOLUTION recognizing and commending the Georgia Wilderness Institutes; and for other purposes.

HR 912. By Representatives McKinney of the 51st, Sailor of the 71st, Teague of the 58th, Randall of the 127th, Holmes of the 53rd and others:
A RESOLUTION expressing condolences to the family of Hannah Mae Jackson Hill; and for other purposes.

HR 913. By Representatives O'Neal of the 139th, Ray of the 128th and Walker of the 141st:
A RESOLUTION commending Major General Dennis G. Haines, Commander, Warner Robins Air Logistics Center, Robins Air Force Base; and for other purposes.

HR 914. By Representative Ashe of the 46th:
A RESOLUTION commending the League of Women Voters of Georgia and recognizing February 20, 2002, as League of Women Voters Day at the state capitol; and for other purposes.

HR 915. By Representative Smith of the 91st: A RESOLUTION commending Kevin Broadrick; and for other purposes.

HR 916. By Representative Smith of the 91st: A RESOLUTION commending Joshua M. Ketchie; and for other purposes.

HR 917. By Representative Smith of the 91st:
A RESOLUTION recognizing and commending William B. Roper, Jr.; and for other purposes.

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HR 918. By Representative Smith of the 91st: A RESOLUTION recognizing and commending Honorable Nedra Tyler Johnson; and for other purposes.
HR 919. By Representative Smith of the 91st: A RESOLUTION recognizing and commending Col. Dan and Hattie Mina Hicky; and for other purposes.
HR 920. By Representative Smith of the 91st: A RESOLUTION commending Christopher Egan Dolvin; and for other purposes.
HR 921. By Representative Smith of the 91st: A RESOLUTION expressing regret a the passing of Dr. John Bostwick, III; and for other purposes.
HR 922. By Representative Smith of the 91st: A RESOLUTION commending Charles Young; and for other purposes.
HR 923. By Representatives O'Neal of the 139th, Ray of the 128th and Walker of the 141st: A RESOLUTION expressing regret at the passing of Mrs. Pat Summers; and for other purposes.
HR 924. By Representatives O'Neal of the 139th, Ray of the 128th and Walker of the 141st: A RESOLUTION commending the Principals' Collaboratives of Houston County; and for other purposes.

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HR 925. By Representatives Purcell of the 147th and Coan of the 82nd: A RESOLUTION commending Derek Freeman; and for other purposes.
HR 926. By Representatives Orrock of the 56th, Brooks of the 54th, Dean of the 48th, Reed of the 52nd and Sinkfield of the 57th: A RESOLUTION expressing regret at the passing of Dale Tennyson Warren; and for other purposes.
HR 927. By Representative Hembree of the 98th: A RESOLUTION recognizing the Nationwide Civic Action Program; and for other purposes.
HR 928. By Representative Teper of the 61st: A RESOLUTION expressing regret at the passing of Dr. Roger W. Melkonian; and for other purposes.
HR 929. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Anderson of the 116th and Mangham of the 75th: A RESOLUTION expressing regret at the passing of Esther V. Wright Rollins; and for other purposes.
HR 930. By Representative Parrish of the 144th: A RESOLUTION recognizing and commending Jewell Parker; and for other purposes.
HR 931. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Anderson of the 116th and Mangham of the 75th:

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A RESOLUTION honoring Mrs. Lucy Mattox O'Neal on the occasion of her birthday; and for other purposes.

HR 932. By Representative Hanner of the 159th:
A RESOLUTION expressing regret at the passing of Mr. Jessie C. Henderson; and for other purposes.

HR 933. By Representatives Westmoreland of the 104th, Mueller of the 152nd, Pinholster of the 15th, Ehrhart of the 36th, Cooper of the 31st and others:
A RESOLUTION recognizing Ronald Reagan day; and for other purposes.

HR 934. By Representatives Wilkinson of the 43rd and Willard of the 44th:
A RESOLUTION expressing regret at the passing of Edward Morey; and for other purposes.

HR 935. By Representatives Buckner of the 95th, Smyre of the 136th, Buck of the 135th, Jamieson of the 22nd, Porter of the 143rd and others:
A RESOLUTION commending the women honorees celebrated in the year 2000 by the Georgia Women's History Month Committee of the Georgia Trust for Historic Preservation and the Georgia Commission on Women; and for other purposes.

HR 936. By Representative Rogers of the 20th: A RESOLUTION commending Brant Glover; and for other purposes.

HR 937. By Representatives Roberts of the 132nd, Smith of the 102nd, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th and others:
A RESOLUTION commending Guy W. Sims; and for other purposes.

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HR 938. By Representative Keen of the 174th:
A RESOLUTION recognizing and commending Hugh D. Stillman on his 100th birthday; and for other purposes.

HR 939. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A RESOLUTION commending Shirley Davis; and for other purposes.

HR 941. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:
A RESOLUTION recognizing and commending Stockbridge High School; and for other purposes.

HR 942. By Representatives Cash of the 108th, Lunsford of the 109th, Sanders of the 107th and Watson of the 70th:
A RESOLUTION commending Andrew R. Kerr; and for other purposes.

HR 943. By Representatives Cash of the 108th, Lunsford of the 109th, Sanders of the 107th and Watson of the 70th:
A RESOLUTION commending Russ Lee; and for other purposes.

HR 944. By Representative Burkhalter of the 41st: A RESOLUTION commending Kevin Carbone; and for other purposes.

HR 945. By Representative Burkhalter of the 41st:
A RESOLUTION to recognize and commend the Holy Redeemer Catholic School's Freedom Shrine; and for other purposes.

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Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 161 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1049 Do Pass HR 646 Do Pass, as Amended SB 221 Do Pass, as Amended

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the

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House and has instructed me to report the same back to the House with the following recommendation:
HB 1074 Do Pass

Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 787 Do Pass HR 800 Do Pass

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

The following communications were received:
LEGISLATIVE SERVICES COMMITTEE
OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334
January 16, 2002
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334

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259

Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. He will serve for a term beginning April 16, 2002, and expiring April 15, 2007. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours,
/s/ Sewell Sewell R. Brumby Legislative Counsel
SRB:df Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable Sam M. Wellborn Honorable Terrell Starr Honorable Carolyn Hugley Mr. Tom Coleman Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.
The General Assembly Atlanta, Georgia 30334
TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable Sam M. Wellborn has been elected, pursuant to the Provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Third Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2002, and expiring April 15, 2007.

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This 16th day of January, 2002.
/s/ Mark Taylor President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly Atlanta, Georgia 30334
January 16, 2002
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-220, a caucus was held on January 16, 2002, in the Senate Chamber of the state capitol building. At that caucus Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 2002, and expiring April 15, 2007.
Respectfully submitted,
/s/ Terrell Starr Senator, 44th District Chairman

/s/ Carolyn F. Hugley Carolyn Hugley Representative, 133rd District Secretary
The General Assembly Atlanta, Georgia 30334
January 16, 2002

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261

Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-220, a caucus was held on January 16, 2002, in the Senate Chamber of the state capitol building. At that caucus Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District to serve a term beginning April 16, 2002, and expiring April 15, 2007.
Respectfully submitted,
/s/ Terrell Starr Senator, 44th District Chairman
/s/ Carolyn F. Hugley Carolyn Hugley Representative, 133rd District Secretary
LEGISLATIVE SERVICES COMMITTEE
OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334
January 16, 2002
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable William G. Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District. He

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will serve for a term beginning April 16, 2002, and expiring April 15, 2007. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours,
/s/ Sewell Sewell R. Brumby Legislative Counsel
SRB:df Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable William G. Hasty, Sr. Honorable Garland Pinholster Honorable Allen Hammontree Mr. Tom Coleman Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.

The General Assembly Atlanta, Georgia 30334

TO: HONORABLE CATHY COX SECRETARY OF STATE
This is to certify that Honorable William G. Hasty Sr., has been elected, pursuant to the Provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Ninth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2002, and expiring April 15, 2007.
This 16th day of January, 2002.
/s/ Mark Taylor President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

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263

The General Assembly Atlanta, Georgia 30334
January 16, 2002
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-220, a caucus was held on January 16, 2002, in the Senate Chamber of the state capitol building. At that caucus Honorable William G. Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 2002, and expiring April 15, 2007.
Respectfully submitted,
/s/ Garland Pinholster Representative, 15th District Chairman
/s/ Allen Hammontree Representative, 4th District Secretary
The General Assembly Atlanta, Georgia 30334
January 16, 2002
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:

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Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-220, a caucus was held on January 16, 2002, in the Senate Chamber of the state capitol building. At that caucus Honorable William G. Hasty, Sr., was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 2002, and expiring April 15, 2007.
Respectfully submitted,
/s/ Garland Pinholster Representative, 15th District Chairman
/s/ Allen Hammontree Representative, 4th District Secretary
House of Representatives Legislative Office Building, Room 512
Atlanta, Georgia 30334
January 30, 2002
The Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I am writing to inform you that I wish to remain a member of the House of Representatives of the 116th District. I have realized that the letter I sent you dated January 25, 2002 is an ineffective letter of resignation as it does not meet the dictates of O.C.G.A. Section 45-5-5. Moreover, no resignation from office is official until accepted by the Governor.
Since sending my letter to your office, I have been contacted by numerous constituents regarding my decision to leave my post. I have also contemplated all the work I have accomplished as a member of the House, and all the work that remains and demands my

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attention. Thus, after further reflection and prayer, I have concluded that I will remain in office.
I apologize for any inconvenience this decision may have caused you; but I assure you that I am dedicated to my constituents and happy to remain as a member of this great institution.
Sincerely,
/s/ Alberta J. Anderson State Representative, District 116
cc: Governor Roy E. Barnes

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

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Representative Hall, Atlanta, Georgia Thursday, January 31, 2002

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 Barnes Bell Benfield Birdsong Black Boggs Borders Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Campbell

Cash Childers E Collins Connell Cox Crawford Cummings Davis Day Deloach, B Deloach, G E Dix Dodson Dukes Ehrhart Everett Floyd E Forster Gardner Graves Greene Hammontree

Harbin Heard E Hembree Houston Howard Hudgens Hudson, N Hudson, S Jamieson Jennings Jordan Joyce Keen Knox Lane Lewis Lord Lunsford E Massey McBee E Millar Mills

Mosley O'Neal Orrock Parham Parsons Pelote Porter Purcell E Randall Ray Reece Rice Richardson Roberts, D Roberts, L Royal Sanders Scott Seay Shaw Sholar Skipper

Smith, B Smith, C Smith, P Smith, T Smith, V Snelling Snow Stallings Stephens Taylor Teper Turnquest 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 Amerson of the 7th, Barnard of the 154th, Bordeaux of the 151st, Bridges of the 9th, Channell of the 111th, Coan of the 82nd, Coleman of the 142nd, Coleman of the 80th, Cooper of the 31st, Drenner of the 66th, Epps of the 131st, Franklin of the 39th, Golick of the 30th, Hanner of the 159th, Harrell of the 62nd, Heckstall of the 55th, Henson of the 65th, Hines of the 38th, Holmes of the 53rd, Hugley of the 133rd, Irvin of the 45th, Jackson of the 112th, Jackson of the 148th, James of the 140th, Johnson of the 35th, Kaye of the 37th, Lanier of the 145th, Lucas of the 124th, Maddox of the 72nd, Mangham of the 75th, Manning of the 32nd, McCall of the 90th, McClinton of the 68th, McKinney of the 51st, Mobley of the 69th, Mueller of the 152nd, Parrish of the 144th, Pinholster of the 15th, Poag of the 6th, Powell of the 23rd, Ragas of the 64th, Reed

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of the 52nd, Reichert of the 126th, Rogers of the 20th, Sailor of the 71st, Scheid of the 17th, Shanahan of the 10th, Sims of the 167th, Sinkfield of the 57th, Smith of the 103rd, Smith of the 19th, Smyre of the 136th, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Stokes of the 92nd, Teague of the 58th, Tillman of the 173rd, Twiggs of the 8th, Unterman of the 84th, Walker of the 87th, Watson of the 70th, Williams of the 5th, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by Bishop Clifford Duckworth, Pastor, Redeemed Church of Our Lord Jesus Christ, Harrison, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1149. By Representative Poag of the 6th:
A BILL to amend an Act relating to the Magistrate Court of Murray County, so as to provide for the election of the magistrates of the Magistrate Court of Murray County in a nonpartisan primary and election; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1150. By Representatives Ray of the 128th, Royal of the 164th and Hudson of the 156th:
A BILL to amend Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to pick-your-own farm operations, Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to injuries from equine or llama activities, and Article 7 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to limited liability of owners and operators of fishing locations, so as to change the provisions relating to exemptions from liability of pick-your-own farm operations, equine or llama activities, and owners and operators of fishing locations; and for other purposes.
Referred to the Committee on Judiciary.
HB 1151. By Representatives Ehrhart of the 36th, Westmoreland of the 104th and Wiles of the 34th:
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 any sales during a certain ten-day period each August; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 1152. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1153. By Representatives Franklin of the 39th, Amerson of the 7th, Forster of the 3rd, Pinholster of the 15th, Cooper of the 31st and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that education income received by a taxpayer who is a full-time or part-time elementary or secondary school teacher in a public or private school shall not be subject to state income tax; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1154. By Representative Floyd of the 138th:
A BILL to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to redesignate certain provisions of said article; to provide that county governing authorities may by ordinance require notice of certain timber harvesting operations; to prescribe the content of such notice and related procedures; to provide penalties for violations; to prohibit local governing authorities from imposing other notice, bond, or permit requirements for timber harvesting or forest products hauling operations; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

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HB 1155. By Representatives Bordeaux of the 151st, Hammontree of the 4th and Allen of the 117th:
A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the State Board of Workers' Compensation shall provide certain data to state and federal government entities as authorized by law; to change certain provisions relating to certification or licensing of rehabilitation suppliers; to remove the requirement that income benefit checks must be drawn on a Georgia depository; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1156. By Representatives Smith of the 169th, Watson of the 70th, Ragas of the 64th, Bunn of the 74th and Porter of the 143rd:
A BILL to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to provide for the State Board of Optometry to establish a list of pharmaceutical agents which optometrists shall be allowed to use for treatment purposes; to require a 30 day comment period before a pharmaceutical agent is placed on the list for use by optometrists; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1157. By Representatives Barnard of the 154th and Shaw of the 176th:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for the application of the proceeds of an insurance policy to multiple lienholders in the event of a total loss; and for other purposes.

Referred to the Committee on Insurance.

HB 1158. By Representatives Lane of the 146th, Stokes of the 92nd, Keen of the 174th, Porter of the 143rd, Shaw of the 176th and others:

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A BILL to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, promulgation of rules and regulations by Board of Natural Resources, possession of more than bag limit, and reporting number of deer killed, so as to change the hunting season for bear; to change the season and bag limits for deer; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1159. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend an Act creating the Board of Commissioners of Butts County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

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

HB 1160. By Representatives Cash of the 108th, Watson of the 70th, Lunsford of the 109th, Jenkins of the 110th, Harrell of the 62nd and others:
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 about employees of county departments of family and children services who have responsibility for or decision-making authority for child custody or child protective services; and for other purposes.

Referred to the Committee on Judiciary.

HB 1161. By Representative Holland of the 157th:
A BILL to amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Sales Finance Act," so as to change a certain reference contained therein; and for other purposes.

Referred to the Committee on Motor Vehicles.

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HB 1162. By Representatives Seay of the 93rd, Anderson of the 116th, Dean of the 48th, Brooks of the 54th, Hugley of the 133rd and others:
A BILL to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to change a definition relating to "The Small Business Assistance Act of 1975"; to change provisions relating to qualifications for certification as a minority business enterprise by the Department of Administrative Services; and for other purposes.
Referred to the Committee on Industry.
HB 1163. By Representatives Dodson of the 94th, Rogers of the 20th, Powell of the 23rd, Birdsong of the 123rd and Cash of the 108th:
A BILL to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to prohibit a county or municipality from requiring a certified septic tank installer or pumper who has provided a $2,500.00 bond from furnishing a code compliance bond; to provide for a certified septic tank installer or pumper to file a copy of a bond with the county or municipal health department in the political subdivision where the work is being done; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 1164. By Representative Scheid of the 17th:
A BILL to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to income tax credits for low-emission vehicles, zero emission vehicles, and electric vehicle chargers, so as to change certain provisions with respect to electric vehicle chargers; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 1165. By Representative Scheid of the 17th:
A BILL to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to stopping, standing, and parking of motor vehicles generally, so as to provide for designation of certain parking places for exclusive use as charging stations for electric vehicles; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1166. By Representative Bridges of the 9th:
A BILL to provide for a homestead exemption from certain Habersham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 1167. By Representatives Jennings of the 63rd, Davis of the 60th, Harrell of the 62nd, McClinton of the 68th and Millar of the 59th:
A BILL to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds; and for other purposes.

1/30/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1167. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63

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Referred to the Committee on Ways & Means.
HB 1168. By Representatives Campbell of the 42nd, Massey of the 86th, Jenkins of the 110th and Coan of the 82nd:
A BILL to amend Code Section 16-6-1 of the Official Code of Georgia Annotated, relating to rape, so as to provide that a person commits the offense of rape when he has carnal knowledge of a female who is less than 12 years of age; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1169. By Representatives Snow of the 2nd and Holland of the 157th:
A BILL to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide that misdemeanor offenses or ordinance violations tried in municipal courts may be tried upon a citation or an accusation; to amend Code Section 17-771, relating to trial of misdemeanors upon accusations, trial of misdemeanor motor vehicle violations upon citations, form and contents of accusations, amendment and service of accusations, and continuances, so as to change certain provisions relating to use of accusations in misdemeanor cases; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1170. By Representatives Stanley of the 50th, Stanley of the 49th, Holmes of the 53rd, Ashe of the 46th, Benfield of the 67th and others:
A BILL 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 provide that security plans and vulnerability assessments of public water systems shall not be subject to public disclosure; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1171. By Representatives Mangham of the 75th, Teague of the 58th, Smith of the 19th, Davis of the 60th, Walker of the 141st and others:
A BILL to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to a brief period of quiet reflection, so as to clarify that the daily moment of quiet reflection in public schools shall accommodate students who wish to exercise their freedom of religion to engage in silent prayer or meditation; to provide for legislative findings; to provide that students may reflect on an inspirational poem or reading, pray silently, or meditate during the moment of quiet reflection; and for other purposes.

Referred to the Committee on Judiciary.

HB 1172. By Representatives Lucas of the 124th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th and Sinkfield of the 57th:
A BILL to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to legitimize a child whose parent has established paternity; to provide for a father to legitimate his child by establishing paternity; to limit the issues in a paternity action; to provide for custody of a child during the pendency of a paternity petition; and for other purposes.

Referred to the Committee on Judiciary.

HR 909. By Representatives Murphy of the 18th, Walker of the 141st, Stallings of the 100th, McBee of the 88th, Heard of the 89th and others:
A RESOLUTION urging the Board of Regents to name the Animal and Dairy Science Complex at the University of Georgia in honor of Edgar L. Rhodes; and for other purposes.

Referred to the Committee on Higher Education.

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HR 910. By Representatives Walker of the 87th, Rogers of the 20th, Bridges of the 9th, Mills of the 21st, Amerson of the 7th and others:
A RESOLUTION commending various local boards of education and Christian Learning Center Boards; and for other purposes.

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

HR 940. By Representative DeLoach of the 172nd: A RESOLUTION compensating Danny Goodman; and for other purposes.

Referred to the Committee on Appropriations.

HR 946. By Representatives Stanley of the 50th, Stanley of the 49th, Sinkfield of the 57th, Ashe of the 46th, Benfield of the 67th and others:
A RESOLUTION creating the Commission on Psychiatric Medication of School-Age Children; 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 984 HB 1130 HB 1131 HB 1132 HB 1133 HB 1134 HB 1135 HB 1136 HB 1137 HB 1138

HB 1142 HB 1143 HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HR 904 HR 905 HR 906

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HB 1139 HB 1140 HB 1141

SB 324 SB 334

Pursuant to Rule 52, Representative Scott of the 165th moved that the following Bill of the House be engrossed:

HB 1143. By Representatives Scott of the 165th, Westmoreland of the 104th, Cox of the 105th, Rice of the 79th, Hudgens of the 24th and others:
A BILL to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions from state income taxation, so as to increase the amount of such personal exemptions; and for other purposes.

The motion prevailed.

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

Mr. Speaker:

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 1085 Do Pass HB 1114 Do Pass HB 1118 Do Pass HB 1119 Do Pass

HB 1124 Do Pass HB 1125 Do Pass HB 1129 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:

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HB 1085. By Representatives Rice of the 79th, Unterman of the 84th, Coleman of the 80th, Massey of the 86th, Williams of the 83rd and others:
A BILL to amend an Act creating the Board of Commissioners of Gwinnett County, so as to reapportion the commissioner districts; 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 126, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
HB 1114. By Representative Greene of the 158th:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Clay 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 126, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
HB 1118. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of Athens-Clarke County are elected; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 1119. By Representative Floyd of the 138th:
A BILL to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, so as to change the description of the education districts; 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 126, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 1124. By Representatives Parham of the 122nd and Hudson of the 120th:
A BILL to amend an Act creating the Board of Commissioners of Baldwin County, so as to change the description of the commissioner districts; 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 126, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 1125. By Representatives Parham of the 122nd and Hudson of the 120th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Baldwin County, so as to change the description of the education district; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 13. The Bill, having received the requisite constitutional majority, was passed.
HB 1129. By Representative Amerson of the 7th: A BILL to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, so as to change the description of the education districts; 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 126, nays 13. The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House: HB 1023. By Representative Smith of the 102nd:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to redistrict the Board of Education of Harris County; to change the description of the education districts; and for other purposes.
Representative Anderson of the 116th arose to a point of personal privilege and addressed the House.

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281

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

HR 947. By Representative Wilkinson of the 43rd:
A RESOLUTION commending and inviting the Georgia State University Law School Moot Court Team to appear before the House of Representatives; and for other purposes.

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

HR 787. By Representatives Mosley of the 171st, Smith of the 169th, Byrd of the 170th, DeLoach of the 172nd, Stokes of the 92nd and others:
A RESOLUTION designating US Highway 301 as the Public Safety and Veterans Highway; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Dukes Y Ehrhart Y Epps Y Everett Y Floyd E Forster

Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane

Y O'Neal 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 Reichert

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

282
Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Franklin Y Gardner 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 Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller

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

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

HR 646. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
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.

The following Committee amendment was read and adopted:

The Committee on Health and Ecology moves to amend HR 646 by striking line 6 of page 1 and inserting in its place the following:
"license plates to owners of vehicles who are veterans or spouses of veterans of the armed forces of the United".

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283

By striking line 20 of page 1 and inserting in its place the following:
"vehicles who are veterans or spouses of veterans of the armed forces of the United States. Moneys paid into the".
By striking the line in the ballot question on page 2 that reads "license plates to owners of vehicles who are veterans of the armed forces of" and inserting in its place the following:
"license plates to owners of vehicles who are veterans or spouses of veterans of the armed forces of".

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd E Forster Y Franklin Y Gardner 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, 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 Y Manning E Massey Y McBee Y McCall Y McClinton
McKinney Y Millar

Y O'Neal 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 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 E Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes 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, J

284
Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Mills Mobley
Y Morris Y Mosley Y Mueller

Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, as amended, the ayes were 161, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, 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.

Representative Bordeaux of the 151st 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 1101 Do Pass

Respectfully submitted, /s/ Bordeaux of the 151st
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 2 Do Pass HB 1004 Do Pass, by Substitute

HB 1030 Do Pass, by Substitute HB 1108 Do Pass

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285

Respectfully submitted, /s/ Hanner of the 159th
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1025 Do Pass HB 1035 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Friday, February 1, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Marcus V. Tripp, Superintendent, Waycross District, United Methodist Church, Waycross, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1173. By Representatives Pelote of the 149th, Mangham of the 75th, Jackson of the 148th and Brooks of the 54th:
A BILL to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses of instruction, so as to provide that all elementary and secondary schools shall provide instruction in the history of blacks and Hispanics in the United States; and for other purposes.
Referred to the Committee on Education.
HB 1174. By Representatives Morris of the 155th, Lane of the 146th and Scott of the 165th:
A BILL to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to wildlife, so as to provide that it shall be lawful to hunt wildlife with a crossbow under certain conditions; to repeal a provision permitting certain handguns to be used in hunting under certain conditions; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
HB 1175. By Representatives Stokes of the 92nd, Walker of the 87th and Unterman of the 84th:
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 fourth superior court judgeship for the Alcovy Judicial Circuit; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.

HB 1176. By Representatives Parrish of the 144th, Bordeaux of the 151st and Stallings of the 100th:
A BILL to amend Article 16 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees, so as to include in the definition of "foreign corporation" any bank whose deposits are insured by the Federal Deposit Insurance Corporation, any corporation organized or existing under the laws of any state which borders upon this state, and any national banking association whose deposits are insured by the Federal Deposit Insurance Corporation; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 1177. By Representatives Lunsford of the 109th, Cash of the 108th, Sanders of the 107th and Yates of the 106th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Henry County from districts, so as to reconstitute the board of education; to change the description of the districts from which members of the Board of Education of Henry County are elected; and for other purposes.

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

HB 1178. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to used motor vehicle and used motor vehicle parts dealers, so as to exclude certain organizations from the definition of used motor vehicle dealer; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1179. By Representatives Powell of the 23rd and Parham of the 122nd:

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289

A BILL to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to applications of minors for drivers' licenses and distinctive licenses for persons under age 21, so as to provide that licensed driver training instructors may under certain conditions act as agents for parents or guardians for purposes of such applications; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1180. By Representative Royal of the 164th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to any agricultural commodities commission; and for other purposes.
1/31/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1180. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 164
Referred to the Committee on Ways & Means.
HB 1181. By Representatives Porter of the 143rd and Mobley of the 69th:
A BILL to amend Code Section 45-20-1 of the Official Code of Georgia Annotated, relating to purposes and principals of the merit system, so as to provide that the merit system shall not have responsibilities relating to unclassified employees of units of the department of Technical and Adult Education; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Higher Education.
HB 1182. By Representatives Ray of the 128th, Floyd of the 138th and Barnard of the 154th:
A BILL to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to change certain definitions; to regulate preconstruction termite treatments; to provide for additional powers and duties of the State Structural Pest Control Commission and the Commissioner of Agriculture; and for other purposes.
Referred to the Committee on Industry.
HB 1183. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, so as to provide for the authority of the superintendent to purchase supplies, hire labor, and make repairs to facilities and to solicit and receive proposals for the purchase of professional services; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1184. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-9-3 of the Official Code of Georgia Annotated, relating to administration of the Motor Vehicle Safety Responsibility Act, rules and regulations, hearings, and appeals, so as to change certain provisions relating to forms; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1185. By Representative Parham of the 122nd:

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A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule II; to change certain provisions relating to general registration requirements; to regulate certain opioid treatments; to change certain provisions relating to the definition of dangerous drug; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 1186. By Representative Parham of the 122nd:
A BILL to regulate certain controlled substances and analogs thereof; to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to define a certain term; to change certain provisions relating to purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana and penalties; to prohibit certain delivery, distribution, dispensing, administration, or sale of controlled substances or controlled substance analogs to other persons with the intent to commit any certain offenses; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 1187. By Representatives Irvin of the 45th and Shanahan of the 10th:
A BILL to amend Code Section 36-81-6 of the Official Code of Georgia Annotated, relating to adoption and form of local government budgets, so as to provide that no money shall be drawn from the treasury of the local government except pursuant to certain specific authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

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HB 1188. By Representative Irvin of the 45th:
A BILL to amend Code Section 36-60-14 of the Official Code of Georgia Annotated, relating to authority of local governments to enter into certain one-year or less contracts, so as to include Section 501(c)(4) organizations; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1189. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act providing for the Board of Education of Thomas County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

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

HB 1190. By Representatives Ragas of the 64th, Drenner of the 66th, Taylor of the 134th, Brooks of the 54th, Reed of the 52nd and others:
A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; and for other purposes.

Referred to the Committee on Judiciary.

HB 1191. By Representatives Buckner of the 95th, Barnes of the 97th and Dodson of the 94th:
A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for a short title, legislative intent, and definitions; to create the Office of Lending Compliance; and for other purposes.

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Referred to the Committee on Banks and Banking.

HB 1192. By Representatives Snow of the 2nd, Manning of the 32nd, Wix of the 33rd, Morris of the 155th, Crawford of the 129th and others:
A BILL to amend Article 7 of Chapter 9 of Title16 of the Official Code of Georgia Annotated, relating to crimes relative to motor vehicle sales and transfers, so as to prohibit certain installation practices involving air bags; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1193. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act creating the Board of Commissioners of Spalding County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

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

HB 1194. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act entitled "Griffin-Spalding County School System", to repeal an Act continuing in force and effect as a part of the Constitution of the State of Georgia that local constitutional amendment ratified at the general election on November 4, 1952 (Resolution Act No. 122, House Resolution No. 259-943a, Ga. L. 1952, p. 554), and that local constitutional amendment ratified at the general election on November 2, 1982; to repeal that local constitutional amendment ratified at the general election on November 4, 1952; and for other purposes.

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

HB 1195. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Yates of the 106th:

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A BILL to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the organizational meeting; to eliminate the requirement of a second reading of nonemergency ordinances and the distinction between nonemergency and emergency ordinances; to provide that all deadlines falling on a Saturday, Sunday, or holiday may be met on the next day the city is open for business; and for other purposes.

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

HB 1196. By Representatives Buckner of the 95th, Barnes of the 97th, Dodson of the 94th, Seay of the 93rd and Jordan of the 96th:
A BILL to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to school councils, so as to delete a provision for devolving additional authority on school councils in certain circumstances; to change the frequency of meeting for councils; to delete a provision requiring local boards of education to designate an employee to attend council meetings as requested; and for other purposes.

Referred to the Committee on Education.

HB 1197. By Representatives Kaye of the 37th, Dean of the 48th, Williams of the 83rd, Hines of the 38th, Bunn of the 74th and others:
A BILL to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience; and for other purposes.

Referred to the Committee on Education.

HB 1198. By Representatives Sholar of the 179th and Broome of the 160th:
A BILL to amend Code Section 12-3-621of the Official Code of Georgia Annotated, relating to prohibited acts as to archeological, aboriginal, prehistoric, or historic sites, notification of the state archeologist before

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beginning the investigation or disturbance of a site, and penalties, so as to provide an exemption from the prohibition against disturbing certain submerged archeological, aboriginal, prehistoric, or historic sites; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1199. By Representatives Henson of the 65th, Hudson of the 120th and Crawford of the 129th:
A BILL to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to define the term diagnosis; to require students for licensure to meet standards established by the Council on Chiropractic Education including certain education and training requirements; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1200. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1998," so as to revise extensively and comprehensively; to delete the legislative intent; to change and add definitions; to clarify differences between local charter schools and state chartered special schools and between conversion charter schools and start-up charter schools; and for other purposes.

Referred to the Committee on Education.

HB 1201. By Representatives McCall of the 90th, Lord of the 121st and Pinholster of the 15th:
A BILL to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to provide that it shall be unlawful to fail or refuse to pay for minerals or mineral products, igneous rock or igneous rock products, sedimentary rock or

296

JOURNAL OF THE HOUSE

sedimentary rock products, or metamorphic rocks or metamorphic rock products mined or processed in this state or to make way with or dispose of the same before he or she shall have paid therefor unless credit shall be expressly extended therefor; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1202. By Representatives Birdsong of the 123rd, Buck of the 135th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that military income received by a taxpayer who is a member of the national guard or any reserve component of the armed forces of the United States called to active duty shall not be subject to state income tax; and for other purposes.

1/31/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1202. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Birdsong District 123

Referred to the Committee on Ways & Means.

HR 948. By Representatives Williams of the 5th, Hammontree of the 4th, Murphy of the 18th, Ehrhart of the 36th, Westmoreland of the 104th and others:
A RESOLUTION designating the Harold Mann Memorial Interchange on I75 in Whitfield County; and for other purposes.

Referred to the Committee on Transportation.

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HR 949. By Representative Cummings of the 27th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 950. By Representative Sholar of the 179th:
A RESOLUTION designating a portion of SR 38 in the City of Climax in honor of Lt. Col. Doyce Ariail; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1149 HB 1150 HB 1151 HB 1152 HB 1153 HB 1154 HB 1155 HB 1156 HB 1157 HB 1158 HB 1159 HB 1160 HB 1161 HB 1162

HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HR 909 HR 910 HR 940 HR 946

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

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HB 1167. By Representatives Jennings of the 63rd, Davis of the 60th, Harrell of the 62nd, McClinton of the 68th and Millar of the 59th:
A BILL to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds; and for other purposes.
The motion prevailed.
Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 814 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Bordeaux of the 151st 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 1128 Do Pass, by Substitute

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Respectfully submitted, /s/ Bordeaux of the 151st
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 1134 Do Pass HB 1141 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 1134. By Representative Barnard of the 154th:
A BILL to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to expense supplements of the chairman 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.
On the passage of the Bill, the ayes were 96, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

HB 1141. By Representatives Ehrhart of the 36th, Wiles of the 34th, Franklin of the 39th, Parsons of the 40th, Kaye of the 37th and others:
A BILL to amend an Act creating the Board of Commissioners of Cobb County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; 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 14.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 1013. By Representative Greene of the 158th:
A BILL to amend an Act reconstituting the Board of Education of Quitman County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
HB 1015. By Representative Greene of the 158th:
A BILL to amend an Act reconstituting the Board of Education of Clay County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
HB 1016. By Representative Greene of the 158th:
A BILL to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to reconstitute the

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board of education; to change the description of the education districts; and for other purposes.
HB 1018. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Stewart County, so as to change the description of the commissioner district; and for other purposes.
HB 1019. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Clay County, so as to provide new commissioner districts for the election of members of the board of commissioners; and for other purposes.
HB 1020. By Representative Smith of the 102nd:
A BILL to amend an Act relating to the Board of Commissioners of Harris County, so as to change the commissioner districts in said county; and for other purposes.
HB 1043. By Representative Amerson of the 7th:
A BILL to amend an Act creating the Board of Commissioners of Lumpkin County, so as to change the description of commissioner districts for the election of members of the board of commissioners; and for other purposes.
HB 1046. By Representative Amerson of the 7th:
A BILL to amend an act providing for the election of the members of the Board of Education of Lumpkin County, so as to change the description of the education districts; and for other purposes.
HB 1053. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County, so as to clarify the legislative power of the mayor; to clarify provisions concerning ante litem notice; and for other purposes.
HB 1055. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:

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A BILL to amend an Act creating the Athens-Clarke County Board of Elections and Registration, so as to change the composition and selection of the board; and for other purposes.
SB 337. By Senators Brown of the 26th, Starr of the 44th, Cheeks of the 23rd, Hecht of the 34th, Williams of the 6th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to authorize the Commissioner of Labor to investigate unsafe working conditions and work environments in certain state authorities and instrumentalities; to provide for enforcement; to authorize the Commissioner to promulgate rules and regulations; to provide for related matters; 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 129. By Representatives Coleman of the 142nd, Hanner of the 159th, Powell of the 23rd, Floyd of the 138th, Greene of the 158th and others:
A BILL to amend Code Section 12-6-2 of the Official Code of Georgia Annotated, relating to the creation of the State Forestry Commission and the composition of such commission, so as to reconstitute such commission and to add additional members; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 59. By Senators Cheeks of the 23rd and Streat of the 19th:
A BILL to be entitled an Act to amend Code Section 32-6-75 of the O.C.G.A., relating to restrictions on outdoor advertising authorized to be erected near the edge of the right of way of the interstate system or primary highways in this state and multiple message signs on the interstate system, primary highways, and other highways, so as to change the method of measuring the distance of certain signs from the edge of the right of way; to direct the Department of Transportation to modify the states agreement with the United States secretary of transportation to conform to such changes; to change the allowable minimum duration of multiple message signs from ten seconds to six seconds; to reduce the allowable minimum distance between such signs; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 337. By Senators Brown of the 26th, Starr of the 44th, Cheeks of the 23rd, Hecht of the 34th, Williams of the 6th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, so as to authorize the Commissioner of Labor to investigate unsafe working conditions and work environments in certain state authorities and instrumentalities; to provide for enforcement; to authorize the Commissioner to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
Representative Hammontree of the 4th arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 800. By Representative Jamieson of the 22nd:
A RESOLUTION designating the WWII Veterans Memorial Intersection, the Korean War Veterans Memorial Intersection, and the Vietnam Veterans Memorial Intersection; 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:

304
Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Childers E Coan Y Coleman, B Y Coleman, T Y Collins Y 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
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Hudson, N Y Hudson, S Y Hugley
Irvin E 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 Lunsford Maddox Y Mangham Y Manning Massey Y McBee Y McCall Y McClinton McKinney Millar Y Mills Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Orrock
Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1074. By Representatives Coleman of the 142nd, Hudson of the 156th and Smith of the 169th:
A BILL to amend Code Section 46-2-1 of the Official Code of Georgia Annotated, relating to the election and terms of office of the members of the Public Service Commission, so as to provide for the composition of the Public Service Commission Districts; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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 E Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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

Y Hudson, N Y Hudson, S Y Hugley
Irvin E 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 Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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
Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

HB 1057. By Representatives Lane of the 146th, Morris of the 155th, Mosley of the 171st, Stokes of the 92nd and Keen of the 174th:

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JOURNAL OF THE HOUSE

A BILL to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide for the permissible possession of crabs lawfully taken from the waters of another state; to require certain proof of the point of origin; to provide that it shall be unlawful to take or possess a female blue crab bearing visible eggs; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide for the permissible possession of crabs lawfully taken from the waters of another state; to require certain proof of the point of origin; to provide that it shall be unlawful to take or possess a female blue crab bearing visible eggs; to provide for automatic repeal; to authorize the commissioner of natural resources to close waters to fishing for crabs under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, is amended by striking in its entirety subsection (a) of Code Section 274-150, relating to taking, possessing, and dealing in crabs and peelers and required records, and inserting in lieu thereof the following:
"(a)(1) It shall be unlawful for any person to take or possess in this state any crab, other than a mature adult female crab, measuring less than five inches from spike to spike across the back; provided, however, that any person may take or possess peelers measuring at least three inches from spike to spike across the back. Any crabs taken or possessed in violation of this subsection paragraph may not be intentionally killed and must be returned to the salt waters of this state as soon as possible; provided, however, nothing in this subsection paragraph shall prohibit any person from importing, transporting, or possessing crabs when such person can provide documentary evidence showing that the crabs were taken outside this state in full compliance with the laws of the state of origin. He or she must have an executed invoice showing the point of origin of such crabs and exhibit such an invoice upon demand to any conservation ranger. (2) It shall be unlawful for any person to take or possess or offer for sale at any time any female blue crab bearing eggs visibly on its body, commonly known as sponge

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crabs, or any such female blue crab from which the egg pouch or bunion has been removed. It shall not be unlawful temporarily to take such sponge crabs incidental to lawful crabbing operations so long as the sponge crabs are returned immediately to the water free, alive, and unharmed. Nothing in this paragraph shall prohibit any person from importing, transporting, or possessing sponge crabs when such person can provide documentary evidence showing that the sponge crabs were taken outside this state in full compliance with the laws of the state of origin. He or she must have an executed invoice showing the point of origin of such sponge crabs and exhibit such an invoice upon demand to any conservation ranger. This paragraph shall be automatically repealed on July 1, 2005, unless continued by the General Assembly following a report on the status of the blue crab resource and fishery."
SECTION 2. Said part is further amended by inserting at the end of Code Section 27-4-151, relating to the use of crab traps and identification of boats or vessels, a new subsection to read as follows:
"(j) The commissioner shall have the power to close all or any portion of the saltwaters of this state to commercial and recreational fishing for blue crabs or any component of the blue crab fishery, including peeler, soft, or sponge crabs, in the event of flood, drought, disease, or any other emergency situation or in the event of a disaster or other occurrence likely to cause seafood to be unfit for human consumption. Any determination to close the saltwaters pursuant to this subsection or to reopen such waters shall be made in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudson, N Y Hudson, S Y Hugley Y Irvin E Jackson, B

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons

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

308
Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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

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 Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

HB 1058. By Representatives Lane of the 146th, Morris of the 155th, Hudson of the 156th and Walker of the 141st:
A BILL to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the release of quail for purposes of dog training; to provide for marking and recovering such quail; to provide for the use of a shotgun with ammunition for dog training; and for other purposes.

The following Committee substitute was read and withdrawn:

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A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the release of quail for purposes of dog training; to provide for marking and recovering such quail; to provide for the use of a shotgun with ammunition for dog training; to provide for the use of pen raised quail at any time for dog training; to provide that it shall be unlawful to hunt pen raised game birds on a hunting preserve during certain times; to provide that it shall be lawful to hunt pen raised game birds with a nonresident shooting preserve license; to provide that it shall be lawful to hunt pen raised game birds without a hunting license on a shooting preserve possessing a shooting preserve license; 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, relating to game and fish, is amended by striking in its entirety Code Section 27-2-14, relating to the liberation of wildlife and domestic fish, and inserting in lieu thereof the following:
"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish except into private ponds except under permit from the department; provided, however, that up to ten pen raised quail for each participating licensed hunter may be released per day for purposes of training pointing, flushing, and retrieving dogs. The person releasing the quail must make a reasonable effort to retrieve the released quail within 24 hours of the release, and failure to do so shall constitute a violation of this Code section."
SECTION 2. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 27-3-16, relating to hunting with dogs generally and the training of dogs, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful for any person to have in his or her possession any firearms, axes, climbers, or other equipment for taking game while training hunting dogs, provided that handguns with blank ammunition or shot cartridges may be used for training hunting dogs, and shotguns with number six shot or smaller shot may be used while training pointing, flushing, and retrieving dogs using pen raised quail and pigeons." "(d) It shall be unlawful to take game by any means while training hunting dogs, except during the lawful open seasons for such game; provided, however, that pen raised quail may be taken from October 1 through March 31."

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JOURNAL OF THE HOUSE

SECTION 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 273-110, relating to shooting preserve license requirements, effective dates, contents of application, and conditions for issuance, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person to release pen raised game birds, except as provided in Code Section 27-2-14, unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year."
SECTION 4. Said title is further amended by striking in its entirety Code Section 27-3-112, relating to legal hunting dates and hours and bag limits, and inserting in lieu thereof the following:
"27-3-112. It shall be unlawful to hunt pen raised game birds on a shooting preserve except between October 1 and March 31 of the following year, and except from one-half hour before sunrise to sunset. It shall also be unlawful to exceed the daily or season bag limits prescribed by law or regulation for any game bird or game animal, provided that there shall be no bag limits for pen raised birds. It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such bird or animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year; provided, further, that it shall be lawful to hunt any other pen raised game bird between October 1 and March 31 of the following year when prior approval has been obtained from the department."
SECTION 5. Said title is further amended by striking in its entirety Code Section 27-3-114, relating to laws, regulations, and hunting license requirements applicable to shooting preserves, and inserting in lieu thereof the following:
"27-3-114. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any nonresident to hunt pen raised game birds on such a preserve with a nonresident shooting preserve hunting license as provided in Code Section 27-2-23; provided, further, that it shall be lawful for any person to hunt pen raised game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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The following substitute, offered by Representative Lane of the 146th, was read and adopted:
A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the release of quail for purposes of dog training; to provide for the use of a shotgun with ammunition for dog training; to provide for the use of pen raised quail for dog training; to provide that it shall be unlawful to hunt pen raised game birds on a hunting preserve during certain times; to provide that it shall be lawful to hunt pen raised game birds with a nonresident shooting preserve license; to provide that it shall be lawful to hunt pen raised game birds without a hunting license on a shooting preserve possessing a shooting preserve license; 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, relating to game and fish, is amended by striking in its entirety Code Section 27-2-14, relating to the liberation of wildlife and domestic fish, and inserting in lieu thereof the following:
"27-2-14. It shall be unlawful for any person to liberate any wildlife within this state or to liberate domestic fish except into private ponds except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs."
SECTION 2. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 27-3-16, relating to hunting with dogs generally and the training of dogs, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful for any person to have in his or her possession any firearms, axes, climbers, or other equipment for taking game while training hunting dogs, provided that handguns with blank ammunition or shot cartridges may be used for training hunting dogs, and shotguns with number six shot or smaller shot may be used while training pointing, flushing, and retrieving dogs using pen raised quail and pigeons." "(d) It shall be unlawful to take game by any means while training hunting dogs, except during the lawful open seasons for such game; provided, however, that pen raised quail may be taken at any time for training hunting dogs if the dog trainer maintains proof of purchase of pen raised quail."

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JOURNAL OF THE HOUSE

SECTION 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 273-110, relating to shooting preserve license requirements, effective dates, contents of application, and conditions for issuance, and inserting in lieu thereof the following:
"(a) It shall be unlawful for any person to release pen raised game birds, except as provided in Code Section 27-2-14, unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year."
SECTION 4. Said title is further amended by striking in its entirety Code Section 27-3-112, relating to legal hunting dates and hours and bag limits, and inserting in lieu thereof the following:
"27-3-112. It shall be unlawful to hunt pen raised game birds on a shooting preserve except between October 1 and March 31 of the following year, and except from one-half hour before sunrise to sunset. It shall also be unlawful to exceed the daily or season bag limits prescribed by law or regulation for any game bird or game animal, provided that there shall be no bag limits for pen raised birds. It shall also be unlawful to hunt on a shooting preserve any game bird or game animal except during the open season for such bird or animal as prescribed by law or regulation; provided, however, that it shall be lawful to hunt bobwhite quail between October 1 and March 31 of the following year; provided, further, that it shall be lawful to hunt any other pen raised game bird between October 1 and March 31 of the following year when prior approval has been obtained from the department."
SECTION 5. Said title is further amended by striking in its entirety Code Section 27-3-114, relating to laws, regulations, and hunting license requirements applicable to shooting preserves, and inserting in lieu thereof the following:
"27-3-114. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any nonresident to hunt pen raised game birds on such a preserve with a nonresident shooting preserve hunting license as provided in Code Section 27-2-23; provided, further, that it shall be lawful for any person to hunt pen raised game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23."

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Benfield Y Birdsong Y Black Y Boggs 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

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 Gardner 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 E 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 Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

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

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JOURNAL OF THE HOUSE

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

HB 1059. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide for a maximum legal size of red drum; 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 Benfield Y Birdsong Y Black Y Boggs 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 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 Y Gardner 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 Hudson, N Y Hudson, S Y Hugley Y Irvin E 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
Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R

Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, FEBRUARY 1, 2002

Y Holmes Y Houston Y Howard Y Hudgens

Y Mobley Y Morris Y Mosley Y Mueller

Y Sinkfield Y Skipper Y Smith, B

315
Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1088. By Representatives Ray of the 128th, Royal of the 164th and Purcell of the 147th:
A BILL to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods, so as to change the provisions relating to fees for a nonresident or alien wholesale fish dealer; to provide for reciprocal agreements; 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 Benfield Y Birdsong Y Black Y Boggs 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 Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Greene Y Hammontree Y Hanner Y Harbin

Y Hudson, N Y Hudson, S Y Hugley Y Irvin E 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
Lunsford Y Maddox Y Mangham Y Manning

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

316
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 Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

E Scheid 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 Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Greene of the 158th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1042. By Representatives Lane of the 146th, Mosley of the 171st, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to classification of vessels and required equipment, so as to provide for required lifesaving equipment on certain vessels; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to classification of vessels and required equipment, so as to provide for required lifesaving equipment on certain vessels; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to classification of vessels and required equipment, is amended by striking in its entirety paragraph (1) of subsection (d) and inserting in lieu thereof the following:

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"(1) Every vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel, except for personal watercraft, as such term is defined in subsection (a) of Code Section 52-7-8.2, 16 feet or more in length, other than canoes, and kayaks, must at all times be equipped with at least one Type IV (throwable) device."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 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 Gardner 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 Hudson, N Y Hudson, S Y Hugley Y Irvin E 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
Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R

318
Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holmes Y Houston Y Howard Y Hudgens

Y Mobley Y Morris Y Mosley Y Mueller

Sinkfield Y Skipper Y Smith, B

Y Wix Y Yates
Murphy, Speaker

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

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

By unanimous consent, further consideration of HB 161 was postponed until Monday, February 4, 2002, immediately after the period of unanimous consents.

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

HR 951. By Representatives Teague of the 58th and Brooks of the 54th:
A RESOLUTION recognizing William S. "Bill" Cannon, V, the founder of African American Business Enterprise Day on the occasion of the 10th Anniversary of AABE Day; and inviting him to appear before House of Representatives; and for other purposes.

HR 952. By Representatives Williams of the 83rd, Reece of the 11th, Unterman of the 84th, Bannister of the 77th and Coan of the 82nd:
A RESOLUTION commending South Gwinnett High School's Technology Education Program and teacher and inviting Mr. Charles Kachmar and Mr.

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319

Geoffry Sosebee to appear before the House of Representatives; and for other purposes.

HR 953. By Representatives Forster of the 3rd, Joyce of the 1st, Snow of the 2nd and Hammontree of the 4th:
A RESOLUTION commending Kit Napier and inviting him to appear before the House of Representatives; and for other purposes.

HR 954. By Representative Harrell of the 62nd:
A RESOLUTION commending Youth in CHARGe and inviting representatives of this network of youth to appear before the House of Representatives; and for other purposes.

HR 955. By Representatives Sinkfield of the 57th, Hudson of the 156th, Smyre of the 136th, Bell of the 25th, Taylor of the 134th and others:
A RESOLUTION commending foster youth in the State of Georgia and recognizing Thursday, February 7, 2002, as Foster Youth Day at the state capitol; and for other purposes.

HR 956. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Buck of the 135th, Smyre of the 136th and others:
A RESOLUTION commending Earnest Dixon, Jr., the winner of the 2001 Georgia Occupational Award of Leadership and inviting him to appear before the House of Representatives; and for other purposes.

HR 957. By Representatives Wiles of the 34th, Ehrhart of the 36th, Collins of the 29th, Cooper of the 31st, Johnson of the 35th and others:
A RESOLUTION commending the Walker School Wolverines baseball team and inviting the coaches and team members to appear before the House of Representatives; and for other purposes.

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JOURNAL OF THE HOUSE

HR 958. By Representatives Wiles of the 34th, Ehrhart of the 36th, Collins of the 29th, Cooper of the 31st, Johnson of the 35th and others:
A RESOLUTION commending the Walker School Lady Wolverines Fast Pitch softball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

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

HB 1030. By Representatives Powell of the 23rd, Smith of the 19th, Shanahan of the 10th, Hanner of the 159th and McCall of the 90th:
A BILL to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that the department shall have the power and duty to promulgate rules governing the operation of land disposal sites for septic tank wastes that receive less than 50,000 gallons of such waste; to provide that no such facility shall operate after July 1, 2002, unless permitted by such department; to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act"; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that the department shall have the power and duty to promulgate rules and regulations governing the operation of land disposal sites for septic tank wastes that receive such waste from one business; to provide that no such facility which was not in operation on January 1, 2002, shall operate after July 1, 2002, unless permitted by such department; to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act", so as to provide that the department shall have the power and duty to promulgate rules and regulations governing the operation of land disposal sites for septic tank wastes that receive such waste from more than one business; to provide that no such facility not in operation on January 1, 2002, shall

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operate after July 1, 2002, unless permitted by such department; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by inserting at the end thereof the following:
"31-2-8. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business; provided, however, that no such permit shall be issued except on the written approval of the governing authority of each county in which such site is wholly or partially located. No such site which was not in operation on January 1, 2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department."
SECTION 2. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act", is amended by inserting at the end thereof the following:
"12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from more than one septic tank pumping and hauling business; provided, however, that no such permit shall be issued except on the written approval of the governing authority of each county in which such site is wholly or partially located. No such site which was not in operation on January 1, 2002, shall receive septic tank waste on or after July 1, 2002, unless a permit has been issued by the department."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, N Y Hudson, S Y Hugley

N O'Neal Y Orrock Y Parham

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

322
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks
Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N 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

N Davis Y Day Y Dean Y Deloach, B N Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner 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 Irvin E Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Kaye N Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall N Ray Y Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D N Roberts, L Y Rogers Y Royal Y Sailor N Sanders E 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 N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 264. By Representatives James of the 140th, Tillman of the 173rd and Houston of the 166th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a dog and cat sterilization support program and provide funds for the program from the sale of special license plates; and for other purposes.

The following Committee substitute was read and adopted:

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323

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for a dog and cat reproductive sterilization support program and provide funds for the program from the voluntary purchase of special license plates and other sources; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the second subparagraph (k) as subparagraph (l) and by adding at the end thereof a new subparagraph (m) to read as follows:
"(m) There shall be within the Department of Agriculture a dog and cat reproductive sterilization support program to control dog and cat overpopulation and thereby reduce the number of animals housed and killed in animal shelters, which program shall be administered by the Commissioner of Agriculture. In order to fund the program, there shall be issued beginning in 2003 specially designed license plates promoting the program. The General Assembly shall provide by law for the issuance of such license plates and for dedication of certain revenue derived from fees for such plates to the support of the program. All such dedicated revenue derived from special license plate fees, any funds appropriated to the department for such purposes, and any voluntary contributions or other funds made available to the department for such purposes and all interest thereon shall be deposited in a special fund for support of the program, shall not be used for any purpose other than support of the program, and shall not lapse. The General Assembly may provide by law for all matters necessary or appropriate to the implementation of this paragraph."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for a dog and cat reproductive sterilization support program to control dog and cat overpopulation and thereby reduce the number of animals housed and killed in animal shelters and provide funds for the program from the voluntary purchase of special license plates and other sources?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote

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"No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 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 Gardner 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 E Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 160, nays 1.

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

HB 1101. By Representatives Walker of the 141st and Bordeaux of the 151st:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Coan Y Coleman, B

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 Gardner 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 Hudson, N Y Hudson, S Y Hugley
Irvin E 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
Maddox Y Mangham
Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills

Y O'Neal Y Orrock Y Parham
Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R

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Coleman, T Y Collins Y Connell Y Cooper

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Y Holmes Y Houston Y Howard Y Hudgens

Y Mobley Morris
Y Mosley Y Mueller

Y Sinkfield Y Skipper Y Smith, B

Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative 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 806 Do Pass, as Amended

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

By unanimous consent, HB 1108 was postponed until Monday, February 4, 2002.

By unanimous consent, HB 1004 was postponed until Monday, February 4, 2002.

By unanimous consent, SB 221 was postponed until Monday, February 4, 2002.

By unanimous consent, HB 1065 was postponed until Monday, February 4, 2002.

The following Resolutions of the House were read and adopted:

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HR 959. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A RESOLUTION commending Barry Hurley; and for other purposes.

HR 960. By Representative Pelote of the 149th:
A RESOLUTION honoring the life of Annie Bell Mason Council, and expressing sorrow at her passing; and for other purposes.

HR 961. By Representatives Snow of the 2nd, Purcell of the 147th, Crawford of the 129th, Hudson of the 120th and Smith of the 103rd:
A RESOLUTION commending the firefighters of Georgia and observing the 30th annual Firefighters' Recognition Day; and for other purposes.

HR 962. By Representatives Henson of the 65th, Epps of the 131st, Sinkfield of the 57th, Brooks of the 54th, Ragas of the 64th and others:
A RESOLUTION commending Brenda James Griffin; and for other purposes.

HR 963. By Representatives Teague of the 58th and Brooks of the 54th: A RESOLUTION commending G. Duke Beasley; and for other purposes.

HR 964. By Representatives Teague of the 58th and Brooks of the 54th:
A RESOLUTION expressing regret at the passing of Louise Beliford Johnson; and for other purposes.

HR 965. By Representative McCall of the 90th:
A RESOLUTION congratulating Spring Valley Health Care Center; and for other purposes.

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HR 966. By Representatives Scott of the 165th, Holland of the 157th, Hudson of the 156th and Houston of the 166th:
A RESOLUTION commending the City of Tifton and Tift County; and for other purposes.

HR 967. By Representatives Jennings of the 63rd and Benfield of the 67th:
A RESOLUTION recognizing and commending Briarlake Elementary School as the Georgia Elementary School of Excellence for the Year 2002 from the 4th Congressional District; and for other purposes.

HR 968. By Representatives Jennings of the 63rd and Harrell of the 62nd:
A RESOLUTION recognizing and commending Oak Grove Elementary School as a National Blue Ribbon School of Excellence; and for other purposes.

HR 969. By Representative Wilkinson of the 43rd:
A RESOLUTION recognizing and commending Peter Zervakos; and for other purposes.

HR 970. By Representatives Lunsford of the 109th, Sanders of the 107th, Jenkins of the 110th and Cash of the 108th:
A RESOLUTION commending Gus and Mae English; and for other purposes.

HR 971. By Representatives Randall of the 127th, Reichert of the 126th, Graves of the 125th and Lucas of the 124th:
A RESOLUTION congratulating Bel-Arbor Nursing center; and for other purposes.

HR 972. By Representatives Randall of the 127th, Purcell of the 147th, Mueller of the 152nd, Bordeaux of the 151st, Stephens of the 150th and others:

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A RESOLUTION recognizing February 7, 2002, as Girl Scout Day in Georgia; and for other purposes.
HR 973. By Representatives Mobley of the 69th, Brooks of the 54th, Ragas of the 64th, Reed of the 52nd, Connell of the 115th and others: A RESOLUTION expressing regret at the catastrophic events in Lagos, Nigeria; and for other purposes.
Representative Williams of the 83rd 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.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 4, 2002.

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Representative Hall, Atlanta, Georgia Monday, February 4, 2002

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 Benfield Birdsong Black Boggs Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Childers E Coan Coleman, B Connell

Cooper Cox Cummings Davis Day Dean Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Epps Everett Floyd Forster Franklin Gardner Golick Graves Greene Hammontree Hanner Heard Hembree Henson Hines

Holland Houston Howard Hudson, N Hudson, S Hugley Jackson, B James Jamieson Jennings Johnson Jordan E Joyce Kaye Keen Knox Lanier Lewis Lord Lucas Lunsford Mangham McBee McCall McKinney Mills Morris

Mosley O'Neal Parham Parrish E Parsons Pelote Pinholster Poag Porter Powell Purcell Randall Ray Reece Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sanders E Scheid Scott Seay Shanahan Shaw

Sholar Sinkfield Skipper Smith, B Smith, C.W Smith, P Smith, T Smith, V Stallings Stephens Taylor Teper Tillman Unterman Walker, L Watson West Westmoreland Wiles Wilkinson Willard Williams, J Williams, R 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, Borders of the 177th, Channell of the 111th, Collins of the 29th, Crawford of the 129th, Dix of the 76th, Harbin of the 113th, Heckstall of the 55th, Holmes of the 53rd, Hudgens of the 24th, Irvin of the 45th, Jackson of the 148th, Jenkins of the 110th, Lane of the 146th, Maddox of the 72nd, Manning of the 32nd, Massey of the 86th, McClinton of the 68th, Millar of the 59th, Mueller of the 152nd, Ragas of the 64th, Sailor of the 71st, Sims

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331

of the 167th, Smith of the 103rd, Smith of the 175th, Snelling of the 99th, Snow of the 2nd, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Stokes of the 92nd, Turnquest of the 73rd, Twiggs of the 8th, and Walker of the 87th.
They wish to be recorded as present.
Prayer was offered by the Reverend Terence Renard Gray, Pastor, St. Paul AME 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:

HB 1203. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:

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A BILL to amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to the recordation and index of military service records, so as to provide that certain military records recorded in the superior courts shall be kept under lock; to provide for persons who may review and receive certified copies of such records; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 1204. By Representatives Birdsong of the 123rd, Parham of the 122nd, Murphy of the 18th, Skipper of the 137th, Walker of the 141st and others:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for an exemption with respect to certain motor vehicles owned by recipients of the Medal of Honor; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1205. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A BILL to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College Military Scholarships, so as to change the manner in which the remainder of abandoned scholarships is awarded; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 1206. By Representatives Benfield of the 67th, Bordeaux of the 151st, Manning of the 32nd, Walker of the 141st and Ragas of the 64th:
A BILL to amend Code Section 16-5-91 of the Official Code of Georgia Annotated, relating to aggravated stalking, so as to include a good behavior bond as an order which, if violated, is included in the aggravated stalking statue; and for other purposes.

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333

Referred to the Committee on Special Judiciary.
HB 1207. By Representatives Teper of the 61st, Watson of the 70th, Mangham of the 75th, Mobley of the 69th, McClinton of the 68th and others:
A BILL to authorize DeKalb County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1208. By Representatives Orrock of the 56th, Taylor of the 134th, Hugley of the 133rd, 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 provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; and for other purposes.
Referred to the Committee on Education.
HB 1209. By Representatives Bannister of the 77th, Powell of the 23rd, Dodson of the 94th, Royal of the 164th, Floyd of the 138th and others:
A BILL to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use and expenditure of tax proceeds for certain capital outlay projects consisting of nonprofit hospital facilities; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 1210. By Representatives Sinkfield of the 57th, Taylor of the 134th, Hugley of the 133rd, Anderson of the 116th, Smith of the 19th and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to permit licensed child-caring and child-placing agencies and court appointed independent investigators with responsibility for placing children in homes for foster care or adoption access to records of child abuse; and for other purposes.

Referred to the Committee on Children & Youth.

HB 1211. By Representatives Holmes of the 53rd, Mangham of the 75th, Brooks of the 54th, Epps of the 131st, Mobley of the 69th and others:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to enact the "Georgia Racial Justice Act"; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1212. By Representatives Wilkinson of the 43rd, Irvin of the 45th, Campbell of the 42nd, Burkhalter of the 41st, Willard of the 44th and others:
A BILL to amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to general toll powers, police powers, and rules and regulations of the State Road and Tollway Authority, so as to provide for the transfer of automatic vehicle identification devices used for purposes of electronic toll collection among vehicles owned by the same person; and for other purposes.

Referred to the Committee on Transportation.

HB 1213. By Representatives Holmes of the 53rd, Hudson of the 120th and DeLoach of the 172nd:

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A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to change the requirements concerning the electronic filing of election returns by precinct; to change the information required on candidate affidavits; to change the qualifications of county registrars and deputy registrars; to provide that persons who move their residence outside a county or municipality may not continue to vote in elections in that county or municipality; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1214. By Representatives Smith of the 91st, Hudgens of the 24th, Massey of the 86th, McBee of the 88th, Coleman of the 80th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

Referred to the Committee on Transportation.

HB 1215. By Representatives Skipper of the 137th and Reichert of the 126th:
A BILL to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to regulation of accountants, so as to delete provisions allowing waiver of education requirements in certain circumstances for certification as a certified public accountant and as a registered public accountant; to delete provisions describing examinations as written or oral; to delete provisions regarding the frequency of examinations; and for other purposes.

Referred to the Committee on Industry.

HB 1216. By Representatives Birdsong of the 123rd, Walker of the 141st, Skipper of the 137th, Smyre of the 136th, Connell of the 115th and others:

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A BILL to amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, so as to change its name to the Georgia Veterans Memorial Cemetery; and for other purposes

Referred to the Committee on Defense & Veterans Affairs.

HB 1217. By Representatives Birdsong of the 123rd, Jamieson of the 22nd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th and others:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that an exemption from certain ad valorem taxation for the surviving spouses of military personnel killed while serving in a war or armed conflict shall extend to the surviving spouses of such persons who otherwise perished; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1218. By Representatives Powell of the 23rd and Coleman of the 142nd:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require local governmental entities to publish or advertise contracts and bids for services and goods via the Georgia Procurement Registry; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1219. By Representatives Smith of the 19th, Dodson of the 94th, Watson of the 70th, Harbin of the 113th, Johnson of the 35th and others:
A BILL to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplemental insurance, so as to provide that insurers who offer medicare supplemental insurance policies in this state shall make available certain policies to persons under the age of 65 who, as a result of a disability, qualify for medicare under certain circumstances and conditions; and for other purposes.

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Referred to the Committee on Insurance.
HB 1220. By Representatives Stallings of the 100th, Parrish of the 144th, Harbin of the 113th, Lord of the 121st, Ray of the 128th and others:
A BILL to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to regulate viatical investments; to change certain provisions relating to definitions; to define certain terms; to change certain provisions relating to securities exempt from registration; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1221. By Representatives Jennings of the 63rd, Snelling of the 99th, Cummings of the 27th, Graves of the 125th, Buck of the 135th and others:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration regarding revenue and taxation, so as to change the rate of interest paid with respect to certain refunds and certain past due taxes; and for other purposes.
2/1/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1221. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jennings District 63
Referred to the Committee on Ways & Means.

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HB 1222. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to amend an Act creating the Board of Commissioners of Laurens County, so as to change the description of the commissioner districts for the election of members of the board of commissioners; and for other purposes.

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

HB 1223. By Representatives Squires of the 78th, Hammontree of the 4th, Reichert of the 126th, Ragas of the 64th and Willard of the 44th:
A BILL to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide a flat fee for foreign corporations transacting business in the state without a certificate of authority; to delete multiple year and partial year references where a flat fee is specified; to specify that professional corporations or limited liability companies may serve as the registered agent for service for a limited partnership; to clarify the Secretary of State's $10.00 filing fee for acceptance of service in the applicable Code sections; to amend Code Section 10-1-416, relating to the appointment of the Secretary of State as agent for service of process, so as clarify filing fee; and for other purposes.

Referred to the Committee on Judiciary.

HB 1224. By Representative Bordeaux of the 151st:
A BILL to provide for changes in laws pertaining to child support enforcement and to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the trier of fact to vary the final sum certain monetary award of child support upon a written finding that special circumstances make the presumptive amount of support excessive or inadequate; to authorize the use of the National Medical Support Notice to enforce medical support provisions of a child support order; and for other purposes.

Referred to the Committee on Judiciary.

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339

HR 974. By Representatives Morris of the 155th and Harbin of the 113th:
A RESOLUTION designating U.S. Highway 221 within the limits of the City of Mt. Vernon, Georgia, as the J.M. Fountain Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 975. By Representative Mobley of the 69th:
A RESOLUTION creating the House Study Committee for House Bill 851; and for other purposes.

Referred to the Committee on Rules.

HR 976. By Representative Franklin of the 39th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the design and description of the state flag; to provide for the submission of this amendment for ratification or rejection; 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 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178 HB 1179 HB 1180 HB 1181

HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198

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HB 1182 HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HB 1188 HB 1189

JOURNAL OF THE HOUSE
HB 1199 HB 1200 HB 1201 HB 1202 HR 948 HR 949 HR 950 SB 337

Pursuant to Rule 52, Representative Royal of the 164th moved that the following Bill of the House be engrossed:

HB 1180. By Representative Royal of the 164th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to any agricultural commodities commission; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Birdsong of the 123rd moved that the following Bill of the House be engrossed:

HB 1202. By Representatives Birdsong of the 123rd, Buck of the 135th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that military income received by a taxpayer who is a member of the national guard or any reserve component of the armed forces of the United States called to active duty shall not be subject to state income tax; and for other purposes.

The motion prevailed.

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341

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 995 Do Pass, by Substitute

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - 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 1152 Do Pass HB 1159 Do Pass

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

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 4, 2002

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Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 11th Legislative Day as enumerated below:

HB 728 HB 1025 HB 1049 HB 1066

Contracts; tractors or farm equipment dealers; regulate Sales tax exemption; urban transit systems; amend provisions State employees; organ donors; paid leave Torts; child passenger safety technician; liability

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

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

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1152. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

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

HB 1159. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend an Act creating the Board of Commissioners of Butts County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

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

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

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

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

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Y Ehrhart Y Epps Y Everett Floyd Y Forster Y Franklin Y Gardner 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
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley Y Morris Mosley Y Mueller

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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 142, nays 0. The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 307. By Senator Haines of the 46th:
A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the of the Official Code of Georgia Annotated, relating to prosecuting attorneys, Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of the duty of support, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to transfer ministerial functions of the Department of Administrative Services relating to the payment of salaries, benefits, fees, and expenses of district attorneys, personnel of district attorneys, and solicitors or solicitors-general of the state courts to the Prosecuting Attorneys Council of the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 313. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 31 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide for an exception to the requirement of a minimum distance between the proposed corporate boundaries of a new municipal corporation and the corporate boundary of an existing municipal corporation; to repeal conflicting laws; and for other purposes.
HB 130. By Representatives Sims of the 167th, Stokes of the 92nd, Poag of the 6th, West of the 101st, Jenkins of the 110th and others:
A BILL to amend Article 2 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to judicial determination of heirs and interests, so as to provide for court orders for disinterment and DNA testing in certain cases; and for other purposes.
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.

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345

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 994. By Representative Lord of the 121st:
A BILL to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide that owners and operators shall keep proof of minimum insurance coverage in all vehicles until January 3 1, 2003; to provide that on and after February 1, 2003, proof of insurance for vehicles not insured under a commercial policy will be established by a state database of insurance coverage; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 307. By Senator Haines of the 46th:
A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the of the Official Code of Georgia Annotated, relating to prosecuting attorneys, Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of the duty of support, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to transfer ministerial functions of the Department of Administrative Services relating to the payment of salaries, benefits, fees, and expenses of district attorneys, personnel of district attorneys, and solicitors or solicitorsgeneral of the state courts to the Prosecuting Attorneys Council of the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 313. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 31 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide for an exception to the requirement of a minimum distance between the proposed corporate boundaries of a new municipal corporation

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and the corporate boundary of an existing municipal corporation; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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

HR 977. By Representative Bell of the 25th:
A RESOLUTION commending Bill Anderson and inviting him to appear before the House of Representatives; and for other purposes.

HR 978. By Representative Bell of the 25th:
A RESOLUTION commending and inviting Commerce High School Head Coach Steve Savage to appear before the House of Representatives; and for other purposes.

HR 979. By Representatives Reichert of the 126th, Graves of the 125th, Randall of the 127th, Lucas of the 124th, Birdsong of the 123rd and others:
A RESOLUTION commending and inviting the Tattnall Square Academy boys football team and its coaches to appear before the House of Representatives; and for other purposes.

HR 980. By Representative Floyd of the 138th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Gene Ford, Mr. James Nance, Mr. Zack Wade, and Mr. Troy Pullin and inviting the cooking team to appear before the House of Representatives; and for other purposes.

The following Bill of the House, having previously been read, was again taken up for consideration:

MONDAY, FEBRUARY 4, 2002

347

HB 161. By Representatives Buckner of the 95th, Jordan of the 96th, Dodson of the 94th, Seay of the 93rd, Barnes of the 97th and others:
A BILL to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide that certain persons entering an elementary or secondary school shall promptly inform the principal or other persons in the administrative office regarding their presence and provide information regarding their purpose; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide that certain persons entering an elementary or secondary school building shall promptly register at the office; to provide for exceptions; to provide for the effect of failure to register; to provide for applicability; to provide for the effect of certain signs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by striking Code Section 20-2-1180, relating to loitering upon school premises, and inserting in lieu thereof the following:
"20-2-1180. (a) It shall be unlawful for any person to remain upon the premises or within the school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 of any public or private school in this state or to remain upon such premises or within such school safety zone when that person does not have a legitimate cause or need to be present thereon. Each principal or designee of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone.

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(b) Any person who shall not have any legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises after the principal or designee of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature. (c) Upon entering any elementary or secondary school building between the official starting time and the official dismissal time, any person who is not a student at such school, an employee of the school or school system, a school board member, an approved volunteer at the school, or a person who has been invited to or otherwise authorized to be at the school by a principal, teacher, counselor, or other authorized employee of the school shall register with the office and provide a reason for his or her presence at the school. Failure to register at the office as provided in this subsection shall be prima-facie evidence that such person is in violation of subsection (b) of this Code section. This subsection shall not apply to law enforcement officers, firefighters, emergency medical technicians or paramedics, or any public safety or emergency management officials in the performance of an emergency call, or other persons making authorized deliveries to the school. This subsection shall not apply to any person entering a school which serves as an official polling place for the purpose of voting on election day. (d) A school administrator or his or her designee may ask any visitor to explain his or her presence in the school building at any time when the school is in official session. (e) If the school posts signs on entrances to the school requiring visitors to sign in at the office, such signs shall be deemed prima-facie evidence that persons entering the school were on notice of the requirements of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Buckner of the 95th et al., was read:

A BILL
To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide that certain persons entering an elementary or secondary school building shall promptly check in at a designated location; to provide for exceptions; to provide for the effect of failure to register; to provide for applicability; to provide for the effect of certain signs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, FEBRUARY 4, 2002

349

SECTION 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by striking Code Section 20-2-1180, relating to loitering upon school premises, and inserting in lieu thereof the following:
"20-2-1180. (a) It shall be unlawful for any person to remain upon the premises or within the school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 of any public or private school in this state or to remain upon such premises or within such school safety zone when that person does not have a legitimate cause or need to be present thereon. Each principal or designee of each public or private school in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who does not have a legitimate need or cause to be present thereon from loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who does not have a legitimate need or cause to be present therein from loitering within the school safety zone. (b) Any person who shall not have any legitimate cause or need to be present upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises after the principal or designee of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature.
(c)(1) As used in this subsection, the term: (A) 'Approved grandparent' means a grandparent who has written permission from a childs custodial parent to pick up the child at school. (B) 'Approved parent' means a parent who has lawful custody of a child attending the school and who has not been asked to leave the school previously by the principal or the principals designee.
(2) Upon entering any elementary or secondary school building between the official starting time and the official dismissal time, any person who is not a student at such school, an employee of the school or school system, a school board member, an approved volunteer at the school, or a person who has been invited to or otherwise authorized to be at the school by a principal, teacher, counselor, or other authorized employee of the school shall check in at the designated location as stated on posted signs and provide a reason for his or her presence at the school. Failure to check in at the designated location as provided in this paragraph shall be prima-facie evidence that such person is in violation of subsection (b) of this Code section. This paragraph shall not apply to law enforcement officers, firefighters, emergency medical technicians or paramedics, or any public safety or emergency management officials in the performance of an emergency call, or other persons making authorized deliveries to the school. This paragraph shall not apply to any person entering a school which serves as an official polling place for the purpose of voting on election day. An approved parent or approved grandparent of a student who fails to check in when

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entering a school for the purpose of delivering books, school supplies, food, or articles of clothing or for similar legitimate business shall not be guilty of violating subsection (b) of this Code section. (d) A school administrator or his or her designee may ask any visitor to explain his or her presence in the school building at any time when the school is in official session. (e) If the school posts signs on entrances to the school requiring visitors to check in at the designated location, such signs shall be deemed prima-facie evidence that persons entering the school were on notice of the requirements of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and withdrawn:

Representative Amerson of the 7th moves to amend the Floor substitute to HB 161 as follows:
Page 2, Line 22. Delete "An approved........ through line 25.

The following amendment was read and adopted:

Representative Mobley of the 69th moves to amend the Floor substitute to HB 161 as follows:
Page 2 - Line 6 c(1) (B) add after parent:
who is on the child's pick-up list at the school, or.

The following amendment was read:

Representative Jackson of the 112th and Mills of the 21st move to amend the Floor substitute to HB 161 as follows:
On page 2, between lines 8 and 9 insert the following and renumber accordingly:
"(C) 'Approved minister or rabbi' means an ordained minister or rabbi who has not been asked to leave the school previously by the principal or the principal's designee."

MONDAY, FEBRUARY 4, 2002

351

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

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

N Cox N Crawford N Cummings N 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 N Forster Y Franklin
Gardner Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson N 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 Y Jenkins Y Jennings
Johnson N Jordan E Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Massey N McBee Y McCall N McClinton N McKinney N Millar Y Mills N Mobley Y Morris Y Mosley Y Mueller

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

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

On the adoption of the amendment, the ayes were 69, nays 93. The amendment was lost.

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

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The following amendments were read and adopted:

Representatives Boggs of the 168th and Golick of the 30th move to amend the Floor substitute to HB 161 as follows:
On page 2, line 6 delete:
"who has lawful custody"

Representative Wiles of the 34th moves to amend the Floor substitute to HB 161 as follows:
by inserting on page 2, line 22 after the word day "or attending or participating in an academic or athletic event".

The following amendment was read and withdrawn:

Representative Everett of the 163rd moves to amend the Floor substitute to HB 161 as follows:
Page 2, Line 13 after the word counselor add: Elected official on official business,.

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:

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

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

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

Y O'Neal 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

Y Benfield Y Birdsong Y Black Y Boggs 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

MONDAY, FEBRUARY 4, 2002

Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner 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 Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

353
Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to a mechanical malfunction, the vote of Representative Shaw of the 176th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, the following Bills of the House and Senate, having been postponed on the previous legislative day, were taken up for consideration and read the third time:

HB 1108. By Representatives McCall of the 90th, Hanner of the 159th, Murphy of the 18th and Wix of the 33rd:

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A BILL to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources relative to the Georgia Motor Vehicle Emission Inspection and Maintenance Act, designation of the commissioner of natural resources or director of the Environmental Protection Division as the board's agent, and the duties of the director, so as to further describe a certain power; 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 N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N 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 Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart
Epps Y Everett Y Floyd N Forster N Franklin Y Gardner 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
Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller

N O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
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, J Y Williams, R Y Wix N Yates
Murphy, Speaker

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355

On the passage of the Bill, the ayes were 146, nays 18. The Bill, having received the requisite constitutional majority, was passed.

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

HB 1004. By Representatives Pinholster of the 15th and Twiggs of the 8th:
A BILL to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for additional requirements regarding the initiation of complaints and investigation of alleged violations; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for additional requirements regarding the initiation of complaints and investigation of alleged violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, is amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:
"(f) Notwithstanding any other provision of law to the contrary, any person who initiates a complaint with the department regarding an alleged violation by a homeowner or the owner of a family farm of any law or regulation to be enforced by the division shall provide such persons name, telephone number, and address which information shall be provided by the department to the person or persons against whom the complaint has been raised after the investigation of the alleged violation by the division."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Pinholster of the 15th, was read:
A BILL
To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for additional requirements regarding the initiation of complaints and investigation of alleged violations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, is amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:
"(f) Notwithstanding any other provision of law to the contrary, upon receipt of a complaint of an alleged violation by a homeowner or the owner or operator of an individually owned agricultural operation, which complaint relates to the ownership, maintenance, or operation of such home or agricultural operation and the application thereto of any law or regulation to be enforced by the division, the division shall request that the complainant furnish complainant's name, telephone number, and address. In the event that such complaint shall prove to be without any reasonable basis, the name, telephone number, and address of the complainant shall be provided to the alleged violator, and complainants shall be notified that such information was provided to the alleged violator."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, FEBRUARY 4, 2002

357

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

The following amendment was read and adopted:

Representative Shanahan of the 10th moves to amend the Floor substitute to HB 1004 as follows: Line 16, Page One, Strike "...such person's..." Insert "...complainant's..." in lieu thereof.

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:

Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard Y Barnes Y Bell N Benfield Y Birdsong Y Black N Boggs Y Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown Y Buck

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

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

Y O'Neal N Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter Y Powell Y Purcell N Ragas Y Randall Y Ray Y Reece
Reed N Reichert Y Rice Y Richardson

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

358
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 N Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

N Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin N Harrell Y Heard Y Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes Y Houston Y Howard Y Hudgens

Y Lord Y Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley Y Mueller

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 135, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

By unanimous consent, HB 1004 was ordered immediately transmitted to the Senate.

HB 1065. By Representatives Reichert of the 126th, Bordeaux of the 151st, Allen of the 117th and Crawford of the 129th:
A BILL to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to provide that summons may be served by private detectives; and for other purposes.

The following substitute, offered by Representative Reichert of the 126th, was read and adopted:

A BILL To amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to

MONDAY, FEBRUARY 4, 2002

359

process, so as to provide that summons may be served by private detectives; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, is amended by striking subsection (c) and inserting in lieu thereof the following:
"(c) Summons - By whom served. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by such sheriff's deputy, or by the marshal or sheriff of the court, or by such official's deputy, or by any citizen of the United States specially appointed by the court for that purpose, or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. A private detective who is licensed or registered by the Georgia Board of Private Detective and Security Agencies, and who has been appointed as a permanent process server in any court of record in this state is authorized to serve process for every court of record in this state. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong

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

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

Y O'Neal 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

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

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Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner 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 N Holmes Y Houston Y Howard Y Hudgens

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

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

Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 221 by striking lines 10 through 14 and inserting in their place the following:

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"The breast-feeding of a baby is an important and basic act of nurture to which every baby has a right and which act must should be encouraged in the interests of maternal and child health. A and family values, and in furtherance of this right, a mother may breastfeed her baby in any location, where the mother and baby are otherwise authorized to be, provided the mother acts in a discreet and modest way.'"

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 Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal Y Orrock
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 Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes 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, J Y Williams, R Y Wix N Yates
Murphy, Speaker

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On the passage of the Bill, as amended, the ayes were 157, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

HB 1025. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Jamieson of the 22nd and Heard of the 89th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption with respect to urban transit systems; and for other purposes.

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

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

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

Cox Y Crawford Y Cummings Y Davis Y Day
Dean 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Hanner Y Harbin

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

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor
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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

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

MONDAY, FEBRUARY 4, 2002

Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

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

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

HB 728. By Representatives Porter of the 143rd, Ray of the 128th, Floyd of the 138th, Purcell of the 147th, Parham of the 122nd and others:
A BILL to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change certain provisions relating to regulation of tractor or farm equipment manufacturers, distributors, and dealers; to define certain terms; to regulate sales of certain tractors or farm equipment; to regulate the establishment and relocation of dealerships; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change certain provisions relating to regulation of equipment primarily designed for or used in agriculture; to define certain terms; to regulate sales of certain equipment primarily designed for or used in agriculture; to regulate the establishment, relocation, and termination of dealerships; to prohibit certain unfair competition with equipment dealers; to make editorial changes; to provide for applicability; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking Article 2 and inserting in lieu thereof the following:
"ARTICLE 2
13-8-11. The General Assembly finds that the distribution of tractors and farm equipment primarily designed for or used in agriculture in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate tractor and farm equipment primarily designed for or used in agriculture and related equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens.
13-8-12. As used in this article, the term:
(15)(1) 'Tractor or farm equipment dealer Dealer' means any person who sells, maintains, solicits, or advertises the sale of new and used tractors and farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (B)(A) public officers while performing their duties as such officers; (C)(B) persons making casual sales of their own tractor or item of farm equipment not subject to sales tax under the laws of the State of Georgia; (D)(C) persons engaged in the auction sale of tractors and farm equipment; or (E)(D) dealers in used tractor and farm equipment. (2) 'Dealership' means the business of selling or attempting to effect the sale by a dealer of new equipment or the right conferred by written or oral agreement with the manufacturer, distributor, or wholesaler for a definite or indefinite period of time to sell or attempt to effect the sale of new equipment. (1)(3) 'Distributor' or 'wholesaler' means any person, company, or corporation who sells or distributes new tractors and farm equipment to tractor or farm equipment dealers and who maintains distributor representatives within the state. (2)(4) 'Distributor branch' means a branch office maintained by a distributor or wholesaler which sells or distributes new tractors and farm equipment to tractor or farm equipment dealers. (3)(5) 'Distributor representative' means a representative employed by a distributor branch, distributor, or wholesaler. (14)(6) 'Tractors or farm equipment Equipment' means those tractors, and other farm implements farm equipment, or equipment primarily designed for use or used in agriculture, horticulture, irrigation for agriculture or horticulture, and other such

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equipment which is considered tax exempt and sold by the franchised equipment dealer. (4)(7) 'Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles tractors and farm equipment for sale to distributors or tractor or farm equipment dealers or which is maintained for directing and supervising the representatives of the manufacturer. (5)(8) 'Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of tractors and farm equipment or for supervising, servicing, instructing, or contracting with tractor or farm equipment dealers or prospective dealers. (6)(9) 'Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer, distributor, or wholesaler grants to a tractor or farm equipment dealer permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of tractors and farm equipment or services related thereto at wholesale, or retail, whether by leasing, sale, or otherwise. (7)(10) 'Franchisee' means a tractor and farm equipment dealer to whom a franchise is offered or granted. (8)(11) 'Franchisor' means a manufacturer, distributor, or wholesaler who grants a franchise to a tractor and farm equipment dealer. (9)(12) 'Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact. (10)(13) 'Manufacturer' means any person engaged in the business of manufacturing or assembling new and unused tractors and farm equipment. (11)(14) 'New tractor and farm equipment' means a tractor or unit of farm equipment which has not been previously sold to and put into regular use or service by any person except a distributor or wholesaler or tractor and farm equipment dealer for resale. (12)(15) 'Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. (16) 'Relevant market area' means the geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise. (13)(17) 'Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any tractor or unit of farm equipment or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form.

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(18) 'Termination' of a contract or agreement means the termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement.
13-8-13. Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of new tractors and farm machinery equipment and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accordance with the provisions of the laws of the State of Georgia.
13-8-14. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-15 are declared to be unlawful.
13-8-15. (a) It shall be deemed a violation of Code Section 13-8-14 for any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor representative, or tractor and farm equipment dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public. (b) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any tractor and farm equipment dealer:
(1) To order or accept delivery of any tractor or unit of farm equipment, parts or accessories therefor, or any other commodity or commodities which such tractor and farm equipment dealer has not voluntarily ordered; or (2) To order or accept delivery of any tractor or farm equipment with special features, accessories, or equipment not included in the base list price of such tractor or farm equipment as publicly advertised by the manufacturer thereof. (c) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof: (1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of dealers order to any tractor and farm equipment dealer having a franchise or contractual agreement for the retail sale of new tractors and farm equipment sold or distributed by such manufacturer, distributor branch or division, factory branch or division, or wholesale branch or division any tractor or item of farm equipment covered by such franchise or contract specifically advertised or represented by such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division to be available for immediate delivery; provided, however, that the failure to deliver any such tractor or unit of farm equipment shall not be considered a violation of this article if such failure is due to

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prudent and reasonable restriction on extension of credit by the franchisor to the dealer, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer, distributor, or wholesaler, or any agent thereof, shall have no control; (2) To coerce, or attempt to coerce, any tractor and farm equipment dealer to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such dealer by threatening to cancel any franchise or any contractual agreement existing between such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and such dealer; provided, however, that notice in good faith to any tractor and farm equipment dealer of such dealers violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article if such notice is in writing mailed by registered or certified mail or statutory overnight delivery to such dealer at his or her current business address;
(3)(A) To terminate or cancel the franchise or selling agreement of any such dealer without due cause, as defined in subparagraph (B) (C) of this paragraph. The nonrenewal termination of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within division (iii) of subparagraph (B) (C) of this paragraph, such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof, shall notify a tractor and farm equipment dealer in writing of the termination or cancellation of the franchise or selling agreement of such dealer at least 60 90 days before the effective date thereof, stating the specific grounds for such termination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire, without the written consent of the tractor and farm equipment dealer involved, prior to the expiration of at least 60 90 days following such written notice. During the 60 90 day period, either party may, in appropriate circumstances, petition a court to modify such 60 90 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief. Should the dealer cure the claimed deficiency within the 90 day period, then the franchise or selling agreement shall not be terminated. (B) Before termination of the franchise or selling agreement because of the dealers failure to meet reasonable marketing criteria or market penetration, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof, shall provide written notice of such intention at least one year in advance. After such notice, the manufacturer or other entity issuing the notice shall make

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good faith efforts to work with the dealer to gain the desired market share including, without limitation, reasonably making available to the dealer an adequate inventory of new equipment and parts and competitive marketing programs. The manufacturer or other entity, at the end of the one-year notice period, may terminate or elect not to renew the agreement only upon further written notice specifying the reasons for determining that the dealer failed to meet reasonable criteria or market penetration. Such written notice must specify that termination is effective 90 days from the date of the notice. Either party may petition the court pursuant to subparagraph (A) of this paragraph for the relief specified therein. Should the dealer cure the claimed deficiency within the 90 day period, then the franchise or selling agreement shall not be terminated. (B)(C) As used in this paragraph, tests for determining what constitutes due cause for a manufacturer or distributor to terminate, cancel, or refuse to renew a franchise agreement shall include whether the dealer:
(i) Has transferred an ownership interest in the dealership without the manufacturers or distributors consent; (ii) Has made a material misrepresentation in applying for or acting under the franchise agreement; (iii) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer or distributor, or is in receivership; (iv) Has engaged in an unfair business practice; (v) Has inadequately represented the manufacturers or distributors products with respect to sales, service, or warranty work; (vi) Has engaged in conduct which is injurious or detrimental to the public welfare; (vii) Has inadequate sales and service facilities and personnel; (viii) Has failed to comply with an applicable licensing law; (ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or dealership; (x) Has failed to operate in the normal course of business for seven consecutive business days; (xi) Has relocated the dealers place of business without the manufacturers or distributors consent; or (xii) Has failed to comply with the terms of the dealership or franchise agreement; (4) To resort to or use any false or misleading advertisement in connection with his its business as such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; (5) To offer to sell or to sell any new tractor or unit of farm equipment, or parts or accessories therefor, to any other tractor or farm equipment dealer at a lower actual price therefor than the actual price offered to any other tractor or farm equipment

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dealer for the same model tractor or farm equipment identically equipped; or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price; provided, however, that the provisions of this paragraph shall not apply to sales to a tractor or farm equipment dealer for resale to any unit of the United States government, the state, or any of its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer, distributor, or wholesaler, or any agent thereof, sells or offers to sell such new tractor or farm equipment, parts, or accessories to all their franchised tractor or farm equipment dealers at an equal price; (6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advantage not offered to all holders of the same or similar franchise; (7) To prevent or attempt to prevent, by contract or otherwise, any tractor or farm equipment dealer from changing the capital structure of his or her dealership or the means by or through which he or she finances the operation of his or her dealership, provided the such dealer at all times meets any reasonable capital standards agreed to between the dealership and the manufacturer, distributor, or wholesaler and provided such change by the dealer does not result in a change in the executive management of the dealership; (8) To prevent or attempt to prevent, by contract or otherwise, any tractor and farm equipment dealer or any officer, partner, or stockholder of any tractor and farm equipment dealer from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no dealer, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, distributor, or wholesaler, except that such consent shall not be unreasonably withheld; (8.1) To prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment, or to require a dealer to provide separate facilities for competing product lines or makes of equipment; (8.2) To impose, directly or indirectly, unreasonable restrictions on the dealer relative to transfer, sale, renewal, termination, location, or site control; (9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the tractor and farm equipment dealer does business or employs on account of or in relation to the transactions between the dealer, the franchisor, and such other person; or (10) To require a tractor and farm equipment dealer to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article. (d) It shall be deemed a violation of Code Section 13-8-14 for a tractor and farm equipment dealer:

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(1) To require a retail purchaser of a new tractor or unit of farm equipment, as a condition of sale and delivery thereof, also to purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equipment, parts, or accessories which are already installed when the tractor or unit of farm equipment is received by the dealer from the manufacturer, distributor, or wholesaler thereof; (2) To represent and sell as new and unused any tractor or unit of farm equipment which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the tractor or unit of farm machinery equipment has experienced; or (3) To resort to or use any false or misleading advertisement in connection with his or her business as such tractor and farm equipment dealer.
13-8-15.1. Any manufacturer, distributor, or wholesaler which intends to establish a new dealership or to relocate a current dealership for a particular product line or make of equipment within the relevant market area of an existing dealership of the same product line or make of equipment shall give written 90 day notice of such intent by certified mail or statutory overnight delivery, return receipt requested, to such existing dealership. The notice shall include:
(1) The specific location of the additional or relocated dealership; (2) The date on or after which the additional or relocated dealership will commence operation at the new location; (3) The identity of all existing dealerships in whose relevant market area the new or relocated dealership is to be located; and (4) The names and addresses of the dealer and principals in the new or relocated dealership.
13-8-15.2. (a) A manufacturer, distributor, or wholesaler may sell or lease new equipment for use within this state. If the equipment is prepared for delivery or serviced by a dealer, the manufacturer, distributor, or wholesaler shall reasonably compensate the dealer for the preparation and delivery of the new equipment and pay to the dealer a reasonable commission on the sale or lease of the new equipment which shall be not less than 8 percent of the sale price of the equipment. The manufacturer, distributor, or wholesaler, if practicable, shall utilize the dealer in the relevant market area described in subsection (b) of this Code section for preparation and delivery. This compensation must be paid or credited in the same manner as provided in Code Section 13-8-17. This subsection shall not be applicable to any liquidation or sale of equipment which has been ordered by any court.

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(b) For purposes of this Code section, equipment is considered to be used primarily within a dealers relevant market area if the new equipment is located or housed at a users facility located within that relevant market area.
13-8-16. (a) Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its tractors and farm equipment prior to delivery of same to retail purchasers. (b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any tractor or farm equipment sold. (c) Every manufacturer or distributor shall provide to his each of its dealers, on an annual basis, an opportunity to return a portion of his such dealers surplus parts inventory for credit. The surplus parts return procedure shall be administered as follows:
(1) The manufacturer or distributor may specify and thereupon notify his its dealers of a time period of at least 60 days duration, during which time dealers may submit their surplus parts list lists and return their surplus parts to the manufacturer or distributor; (2) If a manufacturer or distributor has not notified a dealer of a specific time period for returning surplus parts within the preceding 12 months, then he it shall authorize and allow the dealers surplus parts return request within 30 days after receipt of such request from the such dealer; (3) Pursuant to the provisions of this subsection, a manufacturer or distributor must allow surplus parts return authority on a dollar value of parts equal to 8 percent of the total dollar value of parts purchased by the dealer from the manufacturer or distributor during the 12 month period immediately preceding the notification to the such dealer by the manufacturer or distributor of the surplus parts return program, or the month the such dealers return request is made, whichever is applicable; provided, however, that the such dealer may, at his or her option, elect to return a dollar value of his or her surplus parts less than 8 percent of the total dollar value of parts purchased by the such dealer from the manufacturer or distributor during the preceding 12 month period as provided in this subsection; (4) No obsolete or superseded part may be returned, but any part listed in the manufacturers, wholesalers, or distributors current parts price list at the date of notification to the dealer by the manufacturer or distributor of the surplus parts return program, or the date of a dealers parts return request, whichever is applicable, shall be eligible for return and credit as specified in this subsection; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer, wholesaler, or distributor to whom they are returned; (5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturers, wholesalers, or distributors current parts price list at the date of the notification to the dealer by the

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manufacturer, wholesaler, or distributor of the surplus parts return program, or the date of a dealers parts return request, whichever is applicable; (6) Applicable credit pursuant to this subsection must be issued to the dealer within 30 days after receipt of his or her returned parts by the manufacturer or distributor; or (7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the dealer.
13-8-17. (a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new tractor or unit of farm equipment which it sells and shall fairly compensate each of its tractor or farm equipment dealers for labor and parts used in fulfilling such warranty agreement. All claims for payment under such warranty agreements made by tractor and farm equipment dealers under this subsection for such labor and parts shall be paid within 30 days following their approval. All such claims shall be either approved or disapproved within 30 days after their receipt; and, when any such claim is disapproved, the tractor or farm equipment dealer who submits it shall be notified in writing of its disapproval within such period; and each such notice shall state the specific grounds upon which the disapproval is based. Any special handling of claims required of the dealer by the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and not uniformly required of all dealers of that make, may be enforced only after 30 days notice in writing to the dealer and upon good and sufficient reason. (b) The minimum lawful basis for compensating said dealer for warranty work as provided for in this subsection shall be calculated for labor in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions of hours multiplied by the dealers established hourly retail labor rate. Prior to filing a claim for reimbursement for warranty work, the dealer must notify the applicable manufacturer, wholesaler, or distributor of his or her hourly retail labor rate. The minimum lawful basis for compensation to the dealer for parts used in fulfilling said warranty work shall be at the dealers costs thereof, including all freight and handling charges applicable thereto, plus 15 percent of said sum to reimburse the dealers reasonable costs of doing business and providing such warranty service on the manufacturers behalf. (c) It shall be unlawful to deny, delay payment for, or restrict a claim by a dealer for warranty service or parts, incentives, hold-backs, or other amounts owed to a dealer unless the denial, delay, or restriction is the direct result of a material defect in the claim that affects its validity. (d) A manufacturer, distributor, or wholesaler may audit warranty claims submitted by its dealers only for a period of up to one year following payment of such claims and may charge back to its dealers only those amounts based upon paid claims shown by audit to be invalid; provided, however, that this limitation shall not apply in any case of fraudulent claims.

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13-8-17.1. Any audit of a dealer by or on behalf of a manufacturer, distributor, or wholesaler for sales incentives, service incentives, rebates, or other forms of incentive compensation shall be completed not later than six months after the date of the termination of such incentive compensation program; provided, however, that this limitation shall not apply in any case of fraudulent claims.
13-8-18. The provisions of this article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a tractor or farm equipment dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest.
13-8-19. It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its tractor and farm equipment dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in this Code section, 'due cause' shall be construed in accordance with the definition of same as contained in subparagraph (c)(3)(B)(C) of Code Section 13-8-15.
13-8-20. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-15, any person who shall be injured in his or her business or property by reason of anything forbidden in by or in noncompliance with the requirements of this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorneys fee. (b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief. (c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.
13-8-21. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void

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and unenforceable.
13-8-22. (a) Whenever any tractor or farm equipment dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of tractors, farm equipment, or repair parts and the franchise is subsequently terminated, the manufacturer, distributor, or wholesaler shall repurchase the inventory as provided in this article. The dealer may keep the inventory if he or she desires. If the dealer has any outstanding debts to the manufacturer, distributor, or wholesaler, then the repurchase amount may be credited to the dealers account. (b) The manufacturer, distributor, or wholesaler shall repurchase that inventory previously purchased from him it and held by the dealer on the date of termination of the contract. The manufacturer, distributor, or wholesaler shall pay 100 percent of the actual dealer cost, including freight, of all new, unsold, undamaged, and complete tractors, or other units of farm equipment which are resalable and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturers current parts price list. The manufacturer, distributor, or wholesaler shall pay the dealer 5 percent of the current wholesale price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. The manufacturer, distributor, or wholesaler shall have the option of performing the handling, packing, and loading in lieu of paying the 5 percent sum imposed by this subsection for these services. (c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the manufacturer, distributor, or wholesaler, as the case may be. (d) The provisions of this article shall not require the repurchase from a dealer of:
(1) Any repair part which has a limited storage life or is otherwise subject to deterioration; (2)(1) Any single repair part which is priced as a set of two or more items; (3)(2) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning; (4)(3) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, or wholesaler, of good title, free and clear of all claims, liens, and encumbrances; (5)(4) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so; (6)(5) Any tractor or unit of farm equipment which is not in new, unused, undamaged, complete condition; (7)(6) Any repair parts which are not in new, unused, undamaged condition; (8)(7) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination of the franchise; or (9)(8) Any inventory which was acquired by the dealer from any source other than the manufacturer, distributor, or wholesaler.

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(e) If any manufacturer, distributor, or wholesaler shall fail or refuse to repurchase any inventory covered under the provisions of this article within 60 days after termination of a dealers contract, he it shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the dealer, the such dealers reasonable attorneys fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination.
13-8-23. In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealers last will and testament, if said dealer died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer, distributor, or wholesaler had terminated the contract, and the inventory repurchase provisions of Code Section 13-8-22 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the retailer or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.
13-8-24. A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs and reasonable attorneys fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer, distributor, or wholesaler which are beyond the control of the dealer.
13-8-25. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed on or after November 1, 1982 July 1, 2002. Any contract in force and effect on November 1, 1982 prior to July 1, 2002, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article July 1, 2002."
SECTION 2. If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected by such holding.

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

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

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

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

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

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

N O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 2.

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

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.

HB 1049. By Representatives Childers of the 13th, Millar of the 59th, Stephens of the 150th, Henson of the 65th and Orrock of the 56th:
A BILL to amend Article 2 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to leaves of absence for public officers and employees, so as to provide for state employees to receive a leave of absence, with pay, for serving as an organ or bone marrow donor; to provide a definition of the term "organ"; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

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

Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

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

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Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

E Scheid 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 Y Williams, J Y Williams, R Y Wix
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 1066. By Representatives Powell of the 23rd, Skipper of the 137th, Reichert of the 126th, Westmoreland of the 104th, Orrock of the 56th and others:
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 a limitation on the liability of certified child safety passenger technicians and sponsoring organizations; and for other purposes.

The following Committee substitute was read and adopted:

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 a limitation on the liability of certified child passenger safety technicians and sponsoring organizations; to provide for definitions; to provide for a standard of care; to provide for exceptions; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by adding following Code Section 51-1-20.1, relating to liability of volunteers, employees, and officers, a new Code Section 51-1-20.2 to read as follows:

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"51-1-20.2. (a) As used in this Code section, the term:
(1) 'Child passenger safety technician' means a person who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association, or other entity designated by the National Highway Traffic Safety Administration but specifically does not include any person who is an employee or agent of a manufacturer of child safety seats. (2) 'Child safety seat' means a seat as defined in paragraph (1) of subsection (b) of Code Section 40-8-76. (3) 'Sponsoring organization' means a person or organization other than a manufacturer of or an employee or agent of a manufacturer of child safety seats that:
(A) Offers or arranges for the public a nonprofit child safety seat educational program, checkup event, or fitting station program utilizing child passenger safety technicians; or (B) Owns property upon which a nonprofit child safety seat educational program, checkup event, or fitting station program for the public occurs utilizing child passenger safety technicians. (b) A child passenger safety technician or sponsoring organization shall not be liable to any person as a result of any act or omission that occurs solely in the inspection, installation or adjustment of a child safety seat, or in providing education regarding the installation or adjustment of a child safety seat if the child passenger safety technician or sponsoring organization provides the services without a fee and acts in good faith within the scope of training for which the technician is currently certified and unless the act or omission constitutes willful and wanton misconduct or gross negligence. (c) Nothing in this Code section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of a child safety seat or its employees or agents under any legal claim, including but not limited to product liability claims. (d) This Code section shall apply to any cause of action arising on or after July 1, 2002."
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, N Hudson, S
Y Hugley

Y O'Neal Y Orrock Y Parham

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

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Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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

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

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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

Due to a mechanical malfunction, the vote of Representative McClinton of the 68th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:

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381

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 1090 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
Chairman

Representative Snow of the 2nd District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 304 Do Pass, by Substitute HB 1105 Do Pass

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

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 387 Do Pass, by Substitute HB 765 Do Pass, by Substitute HB 937 Do Pass, by Substitute

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Respectfully submitted, /s/ Cummings of the 27th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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383

Representative Hall, Atlanta, Georgia Tuesday, February 5, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Michael Youssef, Founding Rector, Church of the Apostles, 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.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1225. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Manning of the 32nd:
A BILL to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to increase the period of time for which refunds for taxes may be claimed; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1226. By Representatives Howard of the 118th, Snow of the 2nd, Anderson of the 116th and Allen of the 117th:
A BILL to amend Article 4 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to the office of medical examiner, so as to change certain provisions relating to abolition of the office of coroner and the qualifications, appointment, compensation, powers, and duties of medical examiners; to provide for abolishment of certain offices of medical examiners and establishment of offices of coroners in lieu thereof; and for other purposes.
Referred to the Committee on Public Safety.
HB 1227. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Manning of the 32nd:
A BILL to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to increase the period of time for which refunds for taxes may be claimed; and for other purposes.
Referred to the Committee on Ways & Means.

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385

HB 1228. By Representatives Stallings of the 100th and West of the 101st:
A BILL to amend an Act providing a new charter for the City of Villa Rica, so as to change the description of the wards for the election of members of the council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1229. By Representatives Ehrhart of the 36th, Wiles of the 34th, Hines of the 38th, Franklin of the 39th, Collins of the 29th and others:
A BILL to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1230. By Representative Ashe of the 46th:
A BILL to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts, disqualifying acts, job descriptions, fingerprinting, and criminal record checks, so as to change the date for tendering contracts for the ensuing year to school principals and for notice that a school principal intends not to accept employment for the ensuing school year; and for other purposes.
Referred to the Committee on Education.
HB 1231. By Representatives Sims of the 167th, Porter of the 143rd, Walker of the 141st, Royal of the 164th, Westmoreland of the 104th and others:
A BILL to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that any public or private colleges, universities, junior colleges, and technical colleges shall report to the federal Immigration and

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Naturalization Service any foreign student who fails to attend class; and for other purposes.

Referred to the Committee on Higher Education.

HB 1232. By Representatives Holmes of the 53rd and Brooks of the 54th:
A BILL to amend an Act creating the Board of Commissioners of Fulton County, so as to revise the commissioner districts for the election of members of the board of commissioners; and for other purposes.

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

HB 1233. By Representatives Manning of the 32nd, Parsons of the 40th, Wix of the 33rd, Ehrhart of the 36th, Wiles of the 34th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.

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

HB 1234. By Representative Channell of the 111th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to revise the districts for the election of members of the board of education; and for other purposes.

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

HB 1235. By Representatives Millar of the 59th, Drenner of the 66th, McClinton of the 68th, Benfield of the 67th and Mangham of the 75th:
A BILL to amend an Act providing for a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes on the full

TUESDAY, FEBRUARY 5, 2002

387

value of the homestead after a five-year phase-in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to eliminate the income limitation; to authorize senior citizens who are 65 years of age or older to qualify for such exemption; and for other purposes.

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

HB 1236. By Representatives Williams of the 5th, Birdsong of the 123rd, Hammontree of the 4th, Johnson of the 35th, Manning of the 32nd and others:
A BILL to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change certain provisions relating to pay for 18 days and emergency pay; to authorize counties, municipalities, and other political subdivisions to provide for pay for its public officers and employees during extended periods of service; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 1237. By Representatives Rogers of the 20th, McCall of the 90th and Powell of the 23rd:
A BILL to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change the definition of the term "soil classifier"; to repeal a certain definition; to change the provisions relating to who may conduct investigations of the suitability of sites within the state for on-site sewage management systems; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1238. By Representatives Hammontree of the 4th, Bordeaux of the 151st and Davis of the 60th:

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A BILL to amend Code Section 24-7-9 of the Official Code of Georgia Annotated, relating to identification of medical bills, as to change the list of health care professionals from whom bills submitted into evidence were received; and for other purposes.

Referred to the Committee on Judiciary.

HB 1239. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, DeLoach of the 172nd, Everett of the 163rd and others:
A BILL to amend Code Section 12-5-135 of the Official Code of Georgia Annotated, relating to the requirement of a bond or letter of credit from a water well contractor or driller, so as to provide that no such bond or letter of credit shall be accepted from a person who intends to inject surface water into an aquifer in certain counties before a certain date; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1240. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Everett of the 163rd, Barnard of the 154th and others:
A BILL to amend Part 2 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to ground-water use generally, so as to provide that it shall be unlawful for any person to inject any substance into an aquifer; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1241. By Representative Channell of the 111th:
A BILL to amend an Act creating a board of commissioners for Putnam County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

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

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389

HB 1242. By Representative Ashe of the 46th:
A BILL to adopt the "Georgia Safe Schools Act"; to amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to provide for legislative findings; to provide for a short title and definitions; to create the School Integrated Pest Management Advisory Board and to provide for its duties, membership, appointment of members, terms of appointment, meetings, expenses, chairperson, quorum, and percentage of votes required to decide motions; to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for powers and duties of the State Board of Education relating to integrated pest management programs by schools and local school systems; and for other purposes.
Referred to the Committee on Education.
HB 1243. By Representatives Harbin of the 113th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th, Jackson of the 112th 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 taxes, so as to provide an exemption for certain sales to volunteer fire departments; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1244. By Representatives Ashe of the 46th and Irvin of the 45th:
A BILL to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain historic property owned by a nonprofit corporation and used for a medical museum and medical society offices; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 1245. By Representatives Ashe of the 46th, McKinney of the 51st and Teper of the 61st:
A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change certain provisions relating to use of proceeds of a sales and use tax for the Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1246. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act creating the Board of Commissioners of Thomas County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1247. By Representative Stephens of the 150th:
A BILL to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water, a water conservation plan, factors to be considered, and notice of official action, as to provide that in addition to any limitation upon the withdrawal of ground water from the coastal region of the state imposed by the Environmental Protection Division of the Department of Natural Resources, an additional withdrawal of 20 million gallons per day shall be permitted for domestic purposes; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 1248. By Representatives Campbell of the 42nd, Willard of the 44th, Burkhalter of the 41st and Wilkinson of the 43rd:

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391

A BILL to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and number of members of the library board of trustees; and for other purposes.

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

HB 1249. By Representatives Golick of the 30th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd, Hines of the 38th and others:
A BILL to amend an act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.

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

HB 1250. By Representatives Ehrhart of the 36th, Westmoreland of the 104th, Kaye of the 37th, Wiles of the 34th and Lunsford of the 109th:
A BILL to enact the "Truth in Spending Act"; to amend Code Section 45-1278 of the Official Code of Georgia Annotated, relating to annual estimates to be submitted by heads of budget units, so as to provide for certain reports to the General Assembly by the heads of budget units; and for other purposes.

Referred to the Committee on Appropriations.

HB 1251. By Representatives Ehrhart of the 36th, Westmoreland of the 104th, Kaye of the 37th, Wiles of the 34th and Lunsford of the 109th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified child care expenses; to provide for definitions; to provide for conditions and limitations; to provide for authority of the state revenue commissioner with respect to the foregoing; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 1252. By Representative Hudson of the 156th:
A BILL to amend an Act entitled "An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor," so as to change the compensation of the mayor and aldermen of the City of Fitzgerald and the members of the Fitzgerald Water, Light, and Bond Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1253. By Representatives Reichert of the 126th, Jenkins of the 110th, Bordeaux of the 151st, Stokes of the 92nd, Squires of the 78th and others:
A BILL to amend Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," so as to enact a new Article 5 relating to letters of credit; to strike former Article 5 in its entirety and replace it with a new article; to define terms; to provide for general matters relating to letters of credit; to provide for the rights of parties to letters of credit; to provide for penalties and remedies; to provide for transfer of letters of credit; to amend Article 9 of said Title 11, relating to secured transactions, so as to change various definitions in various Code sections and to amend a nonuniform provision; and for other purposes.
Referred to the Committee on Judiciary.
HR 981. By Representative Poag of the 6th:
A RESOLUTION designating the Ridley Community in Murray County as a community; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 982. By Representatives McBee of the 88th, Orrock of the 56th and Henson of the 65th:

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A RESOLUTION creating the Joint Study Committee on Chronic Fatigue and Immune Dysfunction Syndrome; and for other purposes.

Referred to the Committee on Rules.

HR 983. 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 984. By Representative Ashe of the 46th:
A RESOLUTION creating the Telework Study Commission; and for other purposes.

Referred to the Committee on Rules.

HR 985. By Representative Ashe of the 46th:
A RESOLUTION creating the Atlanta Board of Education Charter Review Commission; and for other purposes.

Referred to the Committee on Rules.

HR 986. By Representatives Drenner of the 66th, Broome of the 160th, McCall of the 90th, Benfield of the 67th, Ashe of the 46th and others:
A RESOLUTION creating the House Study Committee on the Development of Sustainable Energy in Georgia; and for other purposes.

Referred to the Committee on Rules.

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HR 987. By Representatives Howard of the 118th, Snow of the 2nd, Anderson of the 116th and Allen of the 117th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that a coroner shall be county officer where such office has not been abolished by local constitutional amendment and for the election, term, qualifications, powers, and duties thereof; and for other purposes.

Referred to the Committee on Public Safety.

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

HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 HB 1211 HB 1212 HB 1213 HB 1214 HB 1215 HB 1216

HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1222 HB 1223 HB 1224 HR 974 HR 975 HR 976 SB 307 SB 313

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

HB 1221. By Representatives Jennings of the 63rd, Snelling of the 99th, Cummings of the 27th, Graves of the 125th, Buck of the 135th and others:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration regarding revenue and

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395

taxation, so as to change the rate of interest paid with respect to certain refunds and certain past due taxes; and for other purposes.

The motion prevailed.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1158 Do Pass, by Substitute HB 1174 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 146th
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 1149 Do Pass HB 1177 Do Pass HB 1183 Do Pass

HB 1189 Do Pass HB 1193 Do Pass HB 1195 Do Pass

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

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 5, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:

HB 2

Computer Equipment Disposal and Recycling Council; create

HB 1035 HR 391

Income tax; exempt certain military personnel Counties and municipalities; community redevelopment tax incentive program - CA

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

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

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1149. By Representative Poag of the 6th:
A BILL to amend an Act relating to the Magistrate Court of Murray County, so as to provide for the election of the magistrates of the Magistrate Court of Murray County in a nonpartisan primary and election; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 14.

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397

The Bill, having received the requisite constitutional majority, was passed.
HB 1177. By Representatives Lunsford of the 109th, Cash of the 108th, Sanders of the 107th and Yates of the 106th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Henry County from districts, so as to reconstitute the board of education; to change the description of the districts from which members of the Board of Education of Henry County are elected; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 14.
The Bill, having received the requisite constitutional majority, was passed.
HB 1183. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, so as to provide for the authority of the superintendent to purchase supplies, hire labor, and make repairs to facilities and to solicit and receive proposals for the purchase of professional services; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1189. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act providing for the Board of Education of Thomas County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1193. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act creating the Board of Commissioners of Spalding County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1195. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Yates of the 106th:
A BILL to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the organizational meeting; to eliminate the requirement of a second reading of nonemergency ordinances and the distinction between nonemergency and emergency ordinances; to provide that all deadlines falling on a Saturday, Sunday, or holiday may be met on the next day the city is open for business; and for other purposes.

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

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399

On the passage of the Bill, the ayes were 93, nays 14.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 326. By Senator Balfour of the 9th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Gwinnett 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; 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.
HB 1102. By Representative Floyd of the 138th:
A BILL to amend an Act creating the Board of Commissioners of Crisp County, so as to change the descriptions of commissioner districts and posts for the election of members of the board of commissioners; and for other purposes.
SB 319. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to increase the period of time for which refunds for taxes may be claimed; to repeal conflicting laws; and for other purposes.

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SB 328. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6337), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4490), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 346. By Senators Harp of the 16th, Kemp of the 3rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to conform to the language of Federal Rule of Civil Procedure 4(f) regarding the methods of service of process in other countries in conformity with the Convention Relative to the Notification or Service Abroad of Judicial and Extrajudicial Documents; to authorize international service of process by mail when not prohibited by the government of a foreign country; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 347. By Senators Williams of the 6th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide that trawlers shall be exempt from the creel and possession limits for flounder, whiting, spot, and Atlantic croaker; to repeal conflicting laws; and for other purposes.
SB 357. By Senators Gillis of the 20th, Bowen of the 13th, Starr of the 44th, Hooks of the 14th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Code Section 12-5-180.1 of the Official Code of Georgia Annotated, relating to the allocation of water and waste-water usage among tenants and charging tenants for usage, so as to provide that the owner of a building who allocates water to tenants may be considered the owner of a public water system; to repeal conflicting laws; and for other purposes.

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401

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

SB 319. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to increase the period of time for which refunds for taxes may be claimed; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 326. By Senator Balfour of the 9th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Gwinnett 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; 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 Ways & Means.

SB 328. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6337), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4490), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
SB 346. By Senators Harp of the 16th, Kemp of the 3rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to conform to the language of Federal Rule of Civil Procedure 4(f) regarding the methods of service of process in other countries in conformity with the Convention Relative to the Notification or Service Abroad of Judicial and Extrajudicial Documents; to authorize international service of process by mail when not prohibited by the government of a foreign country; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 347. By Senators Williams of the 6th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 27-4-130.1, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide that trawlers shall be exempt from the creel and possession limits for flounder, whiting, spot, and Atlantic croaker; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
SB 357. By Senators Gillis of the 20th, Bowen of the 13th, Starr of the 44th, Hooks of the 14th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Code Section 12-5-180.1 of the Official Code of Georgia Annotated, relating to the allocation of water and waste-water usage among tenants and charging tenants for usage, so as to provide that the owner of a building who allocates water to tenants may be considered the owner of a public water system; to repeal conflicting laws; and for other purposes.

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403

Referred to the Committee on Natural Resources & Environment.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Agriculture and Consumer Affairs:
HB 1150. By Representatives Ray of the 128th, Royal of the 164th and Hudson of the 156th:
A BILL to amend Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to pick-your-own farm operations, Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to injuries from equine or llama activities, and Article 7 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to limited liability of owners and operators of fishing locations, so as to change the provisions relating to exemptions from liability of pick-your-own farm operations, equine or llama activities, and owners and operators of fishing locations; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Agriculture and Consumer Affairs:
HB 1182. By Representatives Ray of the 128th, Floyd of the 138th and Barnard of the 154th:
A BILL to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to change certain definitions; to regulate preconstruction termite treatments; to provide for additional powers and duties of the State Structural Pest Control Commission and the Commissioner of Agriculture; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was again taken up for consideration:

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HR 391. By Representatives Stancil of the 16th, Walker of the 141st, Royal of the 164th, Pinholster of the 15th, Shanahan of the 10th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that counties and municipalities may establish community redevelopment tax incentive programs under which increased taxation shall apply to properties maintained in a blighted condition and decreased taxation shall apply for a time to formerly blighted property which has been rehabilitated; and for other purposes.

By unanimous consent, the adoption of the Committee substitute was withdrawn.

The following amendment was read and adopted:

Representatives Walker of the 141st, Coan of the 82nd and Black of the 178th move to amend the Committee substitute to HR 391 as follows:
by adding immediately before the semicolon on line 22 of page 1 the following:
". The ordinance shall provide that property shall not be subject to official identification as maintained in a blighted condition and shall not be subject to increased taxation if the property is a dwelling house which is being used as the primary residence of one or more persons; and".

The Committee substitute, as amended, was adopted.

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

On the adoption of the Resolution, 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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G

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

Y O'Neal 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

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

TUESDAY, FEBRUARY 5, 2002

N Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner 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 Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen N Knox N Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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

405
Y Snow Y Squires Y Stallings E Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard N Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 154, nays 10.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

Representative Lanier of the 145th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HB 1035. By Representatives Jennings of the 63rd, Birdsong of the 123rd, Rogers of the 20th, Cummings of the 27th, Amerson of the 7th and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide

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JOURNAL OF THE HOUSE

that military income received by a member of the armed services of the United States stationed in a foreign country to a permanent change of station of six months or more as a result of military orders shall not be subject to state income tax; and for other purposes.

Pursuant to Rule 134, Representative Smith of the 19th was excused from voting on HB 1035.

The report of the Committee, which was favorable to the 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins 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 Gardner 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 Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 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 E Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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407

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

HB 2.

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

The following amendment was read and adopted:

Representatives Coleman of the 142nd, Shanahan of the 10th and Hanner of the 159th move to amend HB 2 as follows:
Following line 18, page 2, add the following:
"(e) This council shall stand abolished on July 1, 2005."

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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

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 Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings E Stanley Y Stanley-Turner Y Stephens Y Stokes

408
Y Brooks 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
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Floyd Y Forster N Franklin Y Gardner 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 Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham
Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

On the passage of the Bill, as amended, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

HR 988. By Representative Dukes of the 161st:
A RESOLUTION proclaiming February 5, 2002, as "African American Business Enterprise Day" and inviting the Georgia Summit of African American Business Organizations to appear before the House of Representatives; and for other purposes.

HR 989. By Representatives Jackson of the 148th, Childers of the 13th, Henson of the 65th and Randall of the 127th:
A RESOLUTION commending Georgia's dental hygienists; recognizing Dental Hygientists' Appreciation Day on February 8, 2002; and inviting certain dental hygienists to appear before the House of Representatives; and for other purposes.

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409

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 988 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 988. By Representative Dukes of the 161st:
A RESOLUTION proclaiming February 5, 2002, as "African American Business Enterprise Day" and inviting the Georgia Summit of African American Business Organizations to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 990. By Representatives Hugley of the 133rd, Taylor of the 134th, Buck of the 135th and Smith of the 102nd:
A RESOLUTION expressing regret at the passing of Roscoe H. Fleming, Sr.; and for other purposes.

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HR 991. By Representatives Ehrhart of the 36th and Watson of the 70th:
A RESOLUTION declaring "Georgia Sports Caucus Day"; and for other purposes.

HR 992. By Representatives Stanley of the 50th and Stanley of the 49th:
A RESOLUTION congratulating Sadie G. Mays Health and Rehab Center; and for other purposes.

HR 993. By Representative Channell of the 111th: A RESOLUTION commending Trent Brown; and for other purposes.

HR 994. By Representative Channell of the 111th: A RESOLUTION commending Larry Moore; and for other purposes.

HR 995. By Representative Channell of the 111th: A RESOLUTION commending Rosemary Jackson; and for other purposes.

HR 996. By Representative Channell of the 111th: A RESOLUTION commending Terri Gunter; and for other purposes.

HR 997. By Representative Channell of the 111th: A RESOLUTION commending Lee B. Glenn; and for other purposes.

HR 998. By Representative Channell of the 111th: A RESOLUTION commending Kimberly Butts; and for other purposes.

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HR 999. By Representative Channell of the 111th: A RESOLUTION commending Beth Alford; and for other purposes.

HR 1000. By Representative Channell of the 111th: A RESOLUTION commending Karen Young; and for other purposes.

HR 1001. By Representative Channell of the 111th: A RESOLUTION commending Cecil Covey; and for other purposes.

HR 1002. By Representative Channell of the 111th: A RESOLUTION commending Frances Hester; and for other purposes.

HR 1003. By Representative Channell of the 111th: A RESOLUTION commending Janet Pearson; and for other purposes.

HR 1004. By Representative Channell of the 111th: A RESOLUTION commending O.D. Dearman; and for other purposes.

HR 1005. By Representative Channell of the 111th: A RESOLUTION commending Marjorie Fox; and for other purposes.

HR 1006. By Representative Channell of the 111th: A RESOLUTION commending Charles Reise; and for other purposes.

HR 1007. By Representative Channell of the 111th: A RESOLUTION commending Louella Nelson; and for other purposes.

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HR 1008. By Representative Channell of the 111th: A RESOLUTION commending Darrell M. Oglesby; and for other purposes.
HR 1009. By Representative Channell of the 111th: A RESOLUTION commending Mary Alice Smith; and for other purposes.
HR 1010. By Representative Channell of the 111th: A RESOLUTION commending Robby Howell; and for other purposes.
HR 1011. By Representative Channell of the 111th: A RESOLUTION commending Dennis McWilliams; and for other purposes.
HR 1012. By Representative Channell of the 111th: A RESOLUTION commending Jackie Smith; and for other purposes.
HR 1013. By Representative Channell of the 111th: A RESOLUTION commending Barbara Overton; and for other purposes.
HR 1014. By Representative Channell of the 111th: A RESOLUTION commending John Reid; and for other purposes.
HR 1015. By Representative Channell of the 111th: A RESOLUTION commending Sheila Layson; and for other purposes.

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HR 1016. By Representative Channell of the 111th: A RESOLUTION commending Regina Moreland; and for other purposes.

HR 1017. By Representative Channell of the 111th: A RESOLUTION commending Helen Carnes; and for other purposes.

HR 1018. By Representatives Pelote of the 149th and Jackson of the 148th:
A RESOLUTION extending condolences on the passing of the Rev. Henderson E. Formey, Jr.; and for other purposes.

HR 1019. By Representative Bell of the 25th:
A RESOLUTION recognizing and commending Dorothy and Albert Holder; and for other purposes.

HR 1020. By Representatives Lucas of the 124th and Smyre of the 136th:
A RESOLUTION honoring Tom Joyner, recognizing the Tom Joyner Foundation, and declaring February 15, 2002 "Tom Joyner Day"; and for other purposes.

HR 1021. By Representative Channell of the 111th: A RESOLUTION commending Jackie Winslette; and for other purposes.

HR 1022. By Representative Channell of the 111th: A RESOLUTION commending Beth Hill; and for other purposes.

HR 1023. By Representatives Channell of the 111th, Parrish of the 144th, Coleman of the 142nd, Shaw of the 176th and Powell of the 23rd:

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A RESOLUTION recognizing Hospital Day at the Capitol on February 18, 2002; and for other purposes.

HR 1024. By Representative Drenner of the 66th:
A RESOLUTION expressing regret at the passing of Gerald Atwell; and for other purposes.

HR 1025. By Representative Dukes of the 161st:
A RESOLUTION commending and congratulating Mr. and Mrs. Homer Hunter on their 60th wedding anniversary; and for other purposes.

HR 1027. By Representatives Jackson of the 148th, Mangham of the 75th, Ragas of the 64th, Reed of the 52nd and Heard of the 89th:
A RESOLUTION commening Kappa Alpha Psi Fraternity; and for other purposes.

HR 1028. By Representatives Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd, Buck of the 135th and Smyre of the 136th:
A RESOLUTION commending Elect Lady Lorance Blue; and for other purposes.

HR 1029. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:
A RESOLUTION commending Andrew J. Hummel; and for other purposes.

HR 1030. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:
A RESOLUTION commending Brandon C. Jackson; and for other purposes.

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HR 1031. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:
A RESOLUTION commending Rick Coleman; and for other purposes.

HR 1032. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:
A RESOLUTION commending Greg J. Hummel; and for other purposes.

HR 1033. By Representative Pelote of the 149th:
A RESOLUTION expressing regret at the passing of Mrs. Ethel Hines Stewart; and for other purposes.

HR 1034. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:
A RESOLUTION commending George Lazari; and for other purposes.

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

HR 1026. By Representatives Hines of the 38th, Kaye of the 37th, Shanahan of the 10th, Jamieson of the 22nd, Collins of the 29th and others:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; 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 Bills of the House and has instructed me to report the same back to the House with the following

416
recommendations: HB 1044 Do Pass HB 1068 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1077 Do Pass

Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1078 Do Pass

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

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417

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 357 Do Pass, by Substitute HB 1175 Do Pass HB 1223 Do Pass
Respectfully submitted, /s/ Bordeaux of the 151st
Chairman
Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1179 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

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Mr. Speaker:

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

HR 907 Do Pass HR 954 Do Pass HR 955 Do Pass

HR 977 Do Pass HR 978 Do Pass

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

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

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419

Representative Hall, Atlanta, Georgia Wednesday, February 6, 2002

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 Bell Benfield Birdsong Black Boggs Bridges Brooks Broome Brown Buck Bulloch E Bunn Burkhalter Burmeister Byrd Callaway Campbell

Childers Coan Coleman, B Connell Cooper Crawford Cummings Davis Dean Deloach, B Deloach, G E Dix Dodson Everett Forster Franklin Gardner Graves Greene Hammontree Hanner E Harbin Heard

Henson Hines Holland Howard Hudgens Hugley E Irvin Jackson, B James Jennings Johnson Jordan Joyce Kaye Keen Knox Lewis Lord Lunsford Mangham E Massey McBee Millar

Mills Morris Mosley Mueller O'Neal Parsons Pelote Pinholster Purcell Ray Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sanders Scheid Scott Seay Shanahan Sholar

Skipper Smith, B Smith, C Smith, P Smith, T Smith, V Stallings E Stanley Stephens E Stokes Taylor Teper Tillman Turnquest Unterman Walker, R.L Watson Westmoreland Wiles Wilkinson Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 97th, Borders of the 177th, Buckner of the 95th, Cash of the 108th, Coleman of the 142nd, Collins of the 29th, Day of the 153rd, Drenner of the 66th, Ehrhart of the 36th, Epps of the 131st, Floyd of the 138th, Golick of the 30th, Harrell of the 62nd, Heckstall of the 55th, Hembree of the 98th, Holmes of the 53rd, Houston of the 166th, Hudson of the 156th, Jackson of the 148th, Jamieson of the 22nd, Jenkins of the 110th, Lanier of the 145th, Lucas of the 124th, Maddox of the 72nd, Manning of the 32nd, McClinton of the 68th, Parham of the 122nd, Parrish of the 144th, Porter of the 143rd, Powell of the 23rd, Ragas of the 64th, Randall of the 127th, Reece of the 11th, Reed of the 52nd, Sailor of the 71st, Shaw of the 176th, Sinkfield of the 57th,

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Smith of the 103rd, Smith of the 19th, Smyre of the 136th, Snelling of the 99th, Snow of the 2nd, Squires of the 78th, Teague of the 58th, Twiggs of the 8th, Walker of the 141st, West of the 101st, and Willard of the 44th.
They wish to be recorded as present.

Prayer was offered by Dr. Thomas G. Lewis, Pastor, Commerce Presbyterian Church, Commerce, 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:

WEDNESDAY, FEBRUARY 6, 2002

421

HB 1254. By Representatives Bridges of the 9th, Powell of the 23rd and Rice of the 79th:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, so as to exempt residents 17 years of age who previously held drivers' licenses issued by other states from certain requirements for Class D drivers' licenses; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1255. By Representatives Forster of the 3rd, Powell of the 23rd, Snow of the 2nd, Wiles of the 34th and Ehrhart of the 36th:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, so as to change the limitations on operation of vehicles by holders of Class D permits during the initial six month period after receiving such permits; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1256. By Representatives Mobley of the 69th and Benfield of the 67th:
A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for denial of a notary recommission if the applicant engages in false or misleading advertising or the unauthorized practice of law; to provide that notaries who are not licensed to practice law must post notice of this fact; to provide that notaries who are not licensed to practice law are prohibited from rendering any service that constitutes the unauthorized practice of law; and for other purposes.

Referred to the Committee on Judiciary.

HB 1257. By Representatives Rice of the 79th, Jenkins of the 110th, Bordeaux of the 151st, Westmoreland of the 104th, Walker of the 141st and others:

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A BILL to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to provide that certain escape from lawful custody or confinement for arrearage of child support or alimony constitutes an offense of escape; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1258. By Representative Byrd of the 170th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to define a rural physician as a physician who practices an average of 40 hours per week in a rural county; to define a rural hospital as an acute-care hospital located in a rural county that contains fewer than 100 beds; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1259. By Representative Sims of the 167th:
A BILL to amend an Act to reconstitute the Board of Education of Atkinson County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1260. By Representatives Cox of the 105th, Cash of the 108th, Westmoreland of the 104th, Hudgens of the 24th, Rice of the 79th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of and exemptions from income tax, so as to change certain provisions relating to income tax credits for low and zero emission vehicles; and for other purposes.
Referred to the Committee on Ways & Means.

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423

HB 1261. By Representatives Bridges of the 9th, Snow of the 2nd, Benfield of the 67th, Everett of the 163rd and Twiggs of the 8th:
A BILL to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to change certain provisions relating to display of license plates; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1262. By Representatives Keen of the 174th, Lunsford of the 109th, Wilkinson of the 43rd, Collins of the 29th, Knox of the 28th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer or a foreign corporation or domestic corporation shall not include income which is attributable directly to a capital gain; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1263. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to create the office of commissioner of Catoosa County as the governing authority of said county; to provide for the election and term of office of the commissioner; to provide for filling of vacancies in the office of commissioner; to provide for oaths; to provide for bonds; to provide for the compensation of the commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1264. By Representative Smith of the 91st:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition and

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JOURNAL OF THE HOUSE

description of the education districts from which members of the board of education are elected; and for other purposes.

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

HB 1265. By Representative Smith of the 91st:
A BILL to amend an Act creating the Board of Commissioners of Morgan County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 1266. By Representatives Mills of the 21st, Kaye of the 37th, Brown of the 130th, Hudgens of the 24th, Snelling of the 99th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for eligibility of students who attend home study programs for extracurricular programs offered at public schools under certain conditions; and for other purposes.

Referred to the Committee on Education.

HB 1267. By Representatives Stanley of the 50th, Stanley of the 49th, Holmes of the 53rd, McKinney of the 51st, Sinkfield of the 57th and others:
A BILL to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that city who are 65 years of age or older and whose annual household income does not exceed $39,000.00; and for other purposes.

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

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HB 1268. By Representatives Smith of the 19th, Reece of the 11th, Snow of the 2nd, Williams of the 83rd and Bunn of the 74th: A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require provision of severe weather warning devices to tenants residing in certain manufactured home or mobile home parks; and for other purposes.
Referred to the Committee on Industry.
HB 1269. By Representative Broome of the 160th: A BILL to authorize the Magistrate Court of Seminole County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, to provide that funds shall be used for the maintenance of the Seminole County law library; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1270. By Representative Broome of the 160th: A BILL to amend an Act creating the Board of Commissioners of Seminole County, so as to reapportion the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1271. By Representative Broome of the 160th: A BILL to amend an Act creating the Board of Education of Seminole County, so as to reapportion the Board of Education of Seminole County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1272. By Representatives Bannister of the 77th and Squires of the 78th:
A BILL to provide a new charter for the City of Lilburn; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1273. By Representatives Massey of the 86th, Wilkinson of the 43rd, Richardson of the 26th, Stokes of the 92nd and Purcell of the 147th:
A BILL to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of power of eminent domain for special purposes, so as to require telegraph and telephone companies to gain approval from a county or a municipality prior to undertaking condemnation; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to require electric suppliers to gain approval of a county or a municipality prior to condemning property; to amend Chapter 4 of Title 52 of the Official Code of Georgia Annotated, relating to canal companies, so as to require canal companies to gain approval of a county prior to condemning property; and for other purposes.
Referred to the Committee on Judiciary.
HB 1274. By Representatives Johnson of the 35th, Wix of the 33rd, Manning of the 32nd, Parsons of the 40th and Golick of the 30th:
A BILL to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1035. By Representatives Sims of the 167th, Walker of the 141st, Skipper of the 137th, Jamieson of the 22nd, Parham of the 122nd and others:

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427

A RESOLUTION designating U.S. 441 in the unincorporated areas of Coffee County as the Max Lockwood Highway; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244 HB 1245

HB 1246 HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HR 981 HR 982 HR 983 HR 984 HR 985 HR 986 HR 987 SB 319 SB 326 SB 328 SB 346 SB 347 SB 357

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 1194 Do Pass HB 1207 Do Pass HB 1222 Do Pass

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

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 6, 2002

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 806

Joint Ethanol Production Study Committee; create

DEBATE CALENDAR

HB 995

Teachers Retirement; employee's contribution; 4% minimum

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

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

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

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429

HB 1194. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act entitled "Griffin-Spalding County School System", to repeal an Act continuing in force and effect as a part of the Constitution of the State of Georgia that local constitutional amendment ratified at the general election on November 4, 1952 (Resolution Act No. 122, House Resolution No. 259-943a, Ga. L. 1952, p. 554), and that local constitutional amendment ratified at the general election on November 2, 1982; to repeal that local constitutional amendment ratified at the general election on November 4, 1952; 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 1207. By Representatives Teper of the 61st, Watson of the 70th, Mangham of the 75th, Mobley of the 69th, McClinton of the 68th and others:
A BILL to authorize DeKalb County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; 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 1222. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to amend an Act creating the Board of Commissioners of Laurens County, so as to change the description of the commissioner districts for the election of members of the board of commissioners; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 333. By Senators Hecht of the 34th, Walker of the 22nd, Kemp of the 3rd and Starr of the 44th:
A BILL to be entitled an Act to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation on prosecutions generally, so as to provide that a prosecution for serious violent offenses may be commenced at any time; to provide that the age limitation on prosecutions of certain crimes involving children who are victims be increased to age 18; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 354. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions by collecting officer of the intangible recording tax, so as to provide for a 4 percent commission as compensation to the collection officer in counties having a certain population; to repeal conflicting laws; and for other purposes.
SB 363. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for

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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.
HB 1067. By Representatives Brown of the 130th, Epps of the 131st and Smith of the 102nd:
A BILL to amend an Act providing for the Board of Education of Troup County, so as to change the description of the education districts; and for other purposes.

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

SB 333. By Senators Hecht of the 34th, Walker of the 22nd, Kemp of the 3rd and Starr of the 44th:
A BILL to be entitled an Act to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitation on prosecutions generally, so as to provide that a prosecution for serious violent offenses may be commenced at any time; to provide that the age limitation on prosecutions of certain crimes involving children who are victims be increased to age 18; 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 354. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions by collecting officer of the intangible recording tax, so as to provide for a 4 percent commission as compensation to the collection officer in counties having a certain population; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

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SB 363. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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.
Representative McBee of the 88th arose to a point of personal privilege and addressed the House.
Representative Benfield of the 67th 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 Cummings of the 27th arose to a point of personal privilege and addressed the House.
Representative Coan of the 82nd arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Ways & Means and referred to the Committee on State Planning & Community Affairs - Local:

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SB 326. By Senator Balfour of the 9th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Gwinnett 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; 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.

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

HB 995. By Representatives Cummings of the 27th, Manning of the 32nd and Mills of the 21st:
A BILL to amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the minimum employee's contribution to such retirement system shall be 4 percent; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, so as to provide that the board of trustees of such retirement system shall be authorized, under certain conditions, to establish an employees contribution rate at not less than 3 percent nor more than 6 percent of the members compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-3-41 of the Official Code of Georgia Annotated, relating to the annuity savings fund of the Teachers Retirement System of Georgia, is amended by striking in its

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entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following: "(1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period a percentage of the members earnable compensation as determined by the board of trustees which shall be not less than 5 3 nor more than 6 percent; provided, however, that any reduction in such percentage shall be based upon the recommendation of the actuary of the board of trustees, the maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board, and such other factors as the board deems relevant. but no No such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The employer may omit the deduction from compensation for any period which is less than a full payroll period, if a teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed one-tenth of 1 percent of the annual compensation, on the basis of which such deductions are to be made. Each employer shall immediately pay the amount deducted to the board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Beginning July 1, 1987, the employee contributions required under this paragraph shall be paid as provided in Code Section 47-3-41.1"
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Kaye of the 37th et al. move to amend the Committee substitute to HB 995 by striking on line 5 of page 1 the number "6" and inserting in lieu thereof the number "5".
By striking on line 15 of page 1 the number "6" and inserting in lieu thereof "6 5".

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

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

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

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

Y O'Neal N Orrock N Parham N Parrish
Parsons N Pelote Y Pinholster
Poag N Porter
Powell N Purcell Y Ragas N Randall N Ray N Reece N Reed 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
Sims Sinkfield N Skipper Smith, B

On the adoption of the amendment, the ayes were 62, nays 84. The amendment was lost.

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

The Committee substitute was adopted.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Callaway Y Campbell
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 Y Dean
Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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 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 E Stanley
Stanley-Turner Y Stephens E Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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Mr. Speaker:

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

HR 846 Do Pass HR 953 Do Pass HR 979 Do Pass

HR 989 Do Pass HR 1026 Do Pass

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

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 949 Do Pass

Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

HR 1036. By Representative Floyd of the 138th:
A RESOLUTION commending the Crisp Academy Varsity Football Team and inviting them to appear before the House of Representatives; and for other purposes.

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HR 1037. By Representative Floyd of the 138th:
A RESOLUTION recognizing and commending Miss Allison Hutton, 2002 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes.
The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 903 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Roy E. Barnes, appeared upon the floor of the House and delivered the following address:
This is the fourth year that I have had the responsibility of standing before you to report on the state of our great state.
For the last three years, it was a pretty easy thing to do, because most of the news was good.
Sure, we faced some big challenges, like education and transportation. But there was a sense of great optimism, and we had confidence that we could address those issues because our economy was up, crime was down, and Georgia was growing like never before.
We had welcomed the world to the Olympics in 1996 ... and after that, it seemed, the world kept beating a path to our door.
Today, the picture is more complicated.

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Our economy has been hit by the same slowdown that is affecting the whole nation.
According to the Wall Street Journal, the tragic events of September 11 will cost about 1.6 million Americans their jobs by the end of this year. In Georgia, we have been hit especially hard in the airline and tourism industries, as well as the high tech sector, which was already declining before September 11.
Even though we posted a net gain of 124,000 jobs since 1999, that great news is tempered by the fact that we actually lost jobs last year. And, our state revenues are dropping for the first time since any of us has been in government ... well, maybe with the exception of Senator Gillis and a few others.
Today, Georgians, just like all of our fellow Americans, are feeling uncertain about the future.
I have heard that uncertainty. Since I was elected governor, I've traveled all around this state, and I've listened to Georgians in our big cities and our small towns, on farms and in factories.
I know we are all worried about our safety, and what kind of world our children will live in. Nothing is more important than our families, and nothing is more frightening than uncertainty about their future.
I've heard workers who worry about whether they'll be able to find a good job, or keep up in a fast-changing global economy.
I've heard parents who care deeply about the schools their children attend, because every parent wants to give their children the best possible chance to succeed in life.
I've been reminded again and again that we Georgians love our great quality of life ... and we worry that it could slip away if we don't protect it.
Yes, I have heard the fears and uncertainties of Georgians. But I have also heard the strength of our people, spoken in a chorus of many different voices.
From farmers in south Georgia and teachers in Gwinnett County, I've heard the strength of our values and traditions.
From computer technicians in Atlanta and poultry workers in Gainesville, I've heard our basic commitment to fairness, and our belief in "doing unto others," as we would have them do unto us.

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From retirees in the mountains and school children on the coast, I've felt the depth of our love for this beautiful land.
And most of all, from thousands of voices all over Georgia, I have heard the strength that springs from our hope for a better future.
So today, I am going to tell you something that might surprise you:
My fellow Georgians ... even though we face some difficult challenges in the coming months, I believe the future of Georgia is bright and secure.
Yes, these are tough times, but we are in much better shape than almost any other state, because we prepared ourselves for this inevitable downturn.
We are prepared because we listened to the people of Georgia, and we ran this state the same way they handle their own family finances ... on sound business principles.
When we saw the downturn coming, we redoubled our efforts to trim spending - just as a business or a family would do. That's why I asked every department to go over their budget and find ways to cut costs without cutting services.
We established clear priorities in spending. And just like most families, our top priority is a good education for our children. That's why more than one-half of my budget proposal for next year is devoted to education. The families of Georgia know there is nothing more important than a good education, and we know it too.
We also have put a priority on public safety, and on protecting the health of Georgians, especially our children. Once again, those are the priorities of every Georgia family.
And, like a family, we have set aside a nest egg for emergencies. Our rainy day fund is about 5 percent of our annual revenue, which is not out of line with what a family would try to keep in a savings account. For a family making $50,000 a year, that would amount to $2,500 in the bank for emergencies.
This rainy day fund gives us an economic cushion and helps us maintain our excellent bond rating, which is just like a family's credit rating. So, just as any family would try to do, we need to protect our nest egg, even if it means eating hamburgers instead of steak.
And like a family, we know it is sometimes smart to borrow money for long-term investments, especially when interest rates are low and we enjoy a great credit rating. That's why thousands of Georgians have refinanced their homes in the last few months ... and that's why there is no better time than now to build the new classrooms our children need.

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In fact, the building program I have proposed will not only give us 5,000 new classrooms so our children can attend smaller classes ... It will also create 25,000 new jobs.
To those who complain that we would mortgage the future by building these classrooms for our children, I say: No, we are investing in the future. And our long-term debt is at a much lower rate than the mortgage most families carry on their home.
As you know, our constitution limits the amount we can spend on debt service to 10 percent of the previous year's budget. If you agree with my proposals, our total debt service will be well under that actually, it will be less than 6 percent. Most families would consider that a prudent level of borrowing. Just imagine if you could pay your mortgage, your car loan, and all your other loans for the whole year on about three weeks' pay!
These are steps that make sense for the families of Georgia, and they make sense for the state of Georgia. And if we listen to the people of Georgia and follow these principles, we will come out of this stronger than ever.
Not every state is so fortunate, because not every state is as well prepared as we are.
In Tennessee, they are using their money from the tobacco settlement to balance their budget.
In Virginia, they are facing a $1 billion deficit, and they will probably have to delay a tax cut that was supposed to be phased in this year. College tuition rates are likely to rise, but there will be no pay raise for teachers or other state employees.
Florida has already delayed a planned tax cut, and Michigan, New York, New Jersey and Louisiana are all considering the same thing.
Some states, like Kansas and Minnesota, are actually considering tax increases. Texas and New York will probably have to raise unemployment taxes on businesses. Other states are laying off state employees, cutting services and canceling construction projects.
The federal government has been affected, too. After several years of a balanced budget, we are facing a federal deficit of $106 billion this year.
That's what is happening around the country.
But not here. Not in Georgia. Not on my watch.

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We will not raise taxes. In fact, we will continue to cut property taxes by increasing the homestead exemption, as we have done for the past three years.
We know that owning a home is the greatest financial investment that most people make. It should be a source of pride and joy ... but sometimes, property taxes can make it seem like a burden. The tax cut I have proposed this year will put about $200 back into the pocket of the average homeowner money they can use for home improvements, vacations, or to pay off bills.
There are only a few states that are likely to give taxpayers any relief at all this year especially $350 million worth.
If you agree with this proposal, we will have cut taxes across the board, including income and sales tax, by more than $1.1 billion in the last three years!
I will also recommend that we conform Georgia's income tax to the new federal income tax law, which will give an additional $63 million income tax cut to our state's taxpayers this year and over $400 million in the next 10 years.
In addition to those cuts, Georgia businesses have benefited from almost $1 billion in unemployment tax cuts. And now is no time to stop, because we must do everything we can to help businesses create new jobs. That's why I'm proposing an additional $129 million in unemployment tax relief for Georgia businesses.
At the same time, we must remember why we have an unemployment tax ... to help hard-working men and women who have lost their jobs through no fault of their own. And we must do more to help them as well.
That's why I support President Bush's plan to extend unemployment benefits for an additional 13 weeks.
And that is why I have been glad to work with Commissioner Michael Thurmond and the Department of Labor to find more ways to help our unemployed during these tough times. I am proposing that we increase benefits in Georgia by $16 a week by 2003. I'm looking for a $6 increase this year and a $10 increase next year, which would bring the maximum weekly benefit to $300.
I also want to make it so that if a woman has to leave her job because she is a victim of domestic violence, she is eligible for unemployment compensation.
We've been aggressive about cutting taxes in Georgia, but I want to do even more. That's why I am proposing Shop Georgia, a sales tax holiday that will boost the economy,

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provide immediate tax relief, help families with back-to-school expenses, and help bridge the digital divide by making it easier for working families to afford a computer.
I propose two exemption periods of two days each the last Friday and Saturday this March to provide some immediate relief - and the first Friday and Saturday in August, when folks are doing their back-to-school shopping. I want to exempt items of clothing up to $100 each, school supplies up to $20 per item, and computer equipment up to $1,500 that is purchased for personal use.
This will put about $11 million directly into the pockets of Georgia families, allowing them to afford even more clothes and school supplies for their children.
I want to credit Representative Ron Borders and Senator Tim Golden for promoting the idea of a sales tax holiday in Georgia.
I'm always happy to support an idea that will work for all the people of Georgia, and a sales tax holiday will do just that.
So, instead of raising taxes, we're going to reduce them. Instead of eliminating services, we're going to improve those services that need to be more efficient, like drivers' license renewals.
And instead of canceling construction projects, I want to build the extra classrooms we need to keep pace with growth, and so our children can attend smaller classes.
Now, everything I have asked you to do over the last three years has been aimed at improving the quality of life of Georgia's families. And we all know that a great quality of life starts with a good job.
There's nothing more important to creating jobs than making sure that every child in Georgia gets a great education, because jobs and education go together like catfish and hushpuppies. So the best way to create more good jobs in Georgia is to continue our plan of education reform.
It's the job of the Governor to provide leadership. But as I've said before, I don't have all the answers. So a lot of people have played a part in our efforts to improve education.
During the first session after I was elected governor, I asked you to form a blue-ribbon commission to look at how we could improve our schools. The group you created spent a year holding meetings around the state -- listening to parents, teachers, businessmen and community leaders. And when they presented their findings, we listened to them.

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I didn't just dream up the idea that we should make classes smaller so our children could get more attention from their teachers; Georgians said they wanted smaller classes, and educators said they would work.
I didn't dream up the notion of holding everybody involved in education accountable for results. The people of Georgia, through the education reform commission, said they want everyone involved in education to be accountable - including teachers, administrators, students, and even parents. This idea of accountability is the same principle that has worked in other states. And it is also at the heart of the education bill that President Bush recently signed.
And it wasn't just a wild idea of mine to raise the salaries of our teachers to the national average for the first time ever. The people of Georgia said they want the best possible teachers for their children so we listened.
Today, our education reform efforts are starting to bear fruit.
By this fall, most children in early grades and core academic subjects will be in smaller classes, meaning they will receive more one-on-one instruction from their teachers. By the fall of 2003, no child in grades 1 through 3 will be in a class with more than 21 students. Kindergarten classes will be no larger than 18. And those children in the Early Intervention Program, who need extra help, will be in classes with a maximum of 14 students.
The parents and teachers of Georgia know what smaller classes will mean to our children. Let me read to you from a few letters we've received from teachers who are already in smaller classes:
"The kindergarten teachers at Dowell Elementary in Cobb County have experienced having 18 students this year, as opposed to as many as 28 students in previous years. We are seeing children's needs being met in an environment that was not possible with the high numbers we had previously."
That was signed by a group of kindergarten teachers.
And Patti Bartlett, a first-grade teacher at Pike Elementary in Meansville, sent an e-mail that said:
"I am very excited about the results we have achieved this year as a result of the Early Intervention Program. I truly believe that lowering the class size is the best thing that a school system can do to improve student success."

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So you see, our education plan is beginning to work. We are starting to see improvement in reading skills, the most important building block of a good education.
And for the first time ever, our pay for teachers is at the national average and when you take the cost of living into account, it is even better than the national average. We also pay more than any other state in the Southeast.
In FY 2002, when many other states just tried to hold the line, we gave our teachers a 4.5 percent pay increase. This year, I have proposed a 3.5 percent raise for teachers.
This commitment has helped us hire good, experienced teachers from other states, and it has also helped attract people from other professions who realize how important and rewarding a teaching career can be.
Teachers are important, but parents also have a major role to play in education. I believe in giving parents and local communities more control over our schools.
That's why, as of this fall, every school in Georgia will have a local school council to help set policies. And that is why I am proposing that we should make it easier for parents and communities to create charter schools.
Charter schools are not a silver bullet that will solve all our education problems, but they are a tool that can give parents and the community more control, and we need to help those who are willing to do the hard work to establish them.
Improving education in grades K through 12 is the cornerstone of our effort to build a stronger economy, but we're doing a lot of other things to bring jobs to Georgia as well.
We started by capitalizing on the strength of our 34 state colleges and universities with a number of programs: the Yamacraw Mission, the Georgia Research Alliance, the Georgia Center for Advanced Telecommunications Technology, and the Intellectual Capital Partnership Program.
The Yamacraw Mission set a goal of recruiting 10 companies involved in telecommunications and chip design, and creating 2,000 new jobs within seven years. Well, in just three years, we've signed up more than 30 companies. They have already created 1,100 new jobs, and another 3,100 jobs are projected over the next few years.
An example of ICAPP is a partnership recently announced between Georgia State University, and Robins Air Force Base. The university will provide training to help fill 30 new, high-paying jobs as procurement officers.

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We created the OneGeorgia Authority to help the poorest parts of our state help themselves. In its first year, the authority distributed $48 million in economic development and infrastructure grants.
Over the next 25 years, the Authority will continue to invest over $1 billion in the Georgia communities that need it most.
One of the very first OneGeorgia projects brought the Farmland/National Beef meatpacking operation to Moultrie. A $1.5 million OneGeorgia grant to the community was used to jump-start the facility. Originally the company said it would create 200 new jobs, but they recently increased that number to 340.
The Department of Industry, Trade and Tourism has also helped bring new jobs to communities around the state.
In North Georgia, Pirelli relocated its North American corporate headquarters and the finest state-of-the-art tire plant in the world to Floyd County, which will create more than 350 jobs.
And a French company that manufactures bottles for cosmetics and perfumes announced just a few weeks ago that it will open a plant in Hancock County, creating about 200 new jobs there.
Another great success story is what we've been able to do in Thomaston. Thomaston Mills, which was the center of the community and employed over 1,000 people, closed down early in 2001 devastating the community.
But six months later, through the hard work of Representative Mac Crawford, Senator Susan Cable, the OneGeorgia Authority, and the Departments of Community Affairs, Labor, and Industry, Trade and Tourism, we were able to announce the creation of 500 new jobs at two different manufacturing companies.
Instead of losing hope, the community pulled together and looked toward the future and it paid off.
We've not only worked hard to bring new jobs to every part of Georgia, we've done everything we could to save the jobs we already have.
I mentioned Warner Robins. You all know how important that base and our other military installations are to Georgia's economy. That's why I appointed a new Georgia Military Affairs Coordinating Committee two years ago. Its mission is to constantly evaluate Georgia's military installations and identify ways to improve the operational

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capacity of each base. This proactive approach helped us keep thousands of jobs at Warner Robins last fall when the B-1 bombers were relocated.
The Department of Industry, Trade and Tourism was also instrumental in saving 400 jobs in Valdosta after the Brunswick Corporation decided to close down the U.S. Marine boat plant. With the help of a $1.5 million OneGeorgia grant, Regal Marine Industries announced they would take over the operation.
We've worked hard to create jobs, but that's not enough; we have to make sure Georgians are prepared to compete for those jobs. That's why we strengthened our adult and technical education system.
We changed the names of our technical schools to colleges, we expanded the eligibility for HOPE scholarships for technical training, and we added some formula funding.
Since then, the enrollment in our technical colleges has increased by 37 percent. It's now at an all-time high, with more than 77,000 students at our 34 technical colleges and 17 satellite campuses. This means more Georgians than ever are preparing themselves for a good job in the future.
Make no mistake: technical education can change lives for the better, by preparing people for challenging new careers. One person whose life was changed is Mary Martha Moore, who grew up on a sharecropper's farm. A few years back, she found herself with no job, little education and no prospects.
As Ms. Moore wrote in a letter to Jim Bridges, the president of Valdosta Technical College, "My life was over. I had no skills, and I was 49 years old."
But thanks to a good technical education program, her life wasn't over. Even though she hadn't attended school in 34 years, she went to Valdosta Tech, graduated, and got a job as a medical assistant.
"I just want you to know how grateful I am to you and your institution for helping me get from there to here," she wrote a few months back. "May God continue to hold hands with you and Valdosta Tech."
Ms. Moore is one of thousands of success stories around Georgia, and she's proof of how important it is to offer a great program of technical education.
We know people are worried today about their economic security. But there are other kinds of security as well ... and the citizens of Georgia deserve to feel secure.
Families deserve to feel safe in their homes, and as they go about their daily lives.

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That's why the state of Georgia is doing whatever it can to help out in the war against terror.
We have established a Homeland Security Command Center, which is coordinating the efforts of our state and local agencies with the FBI and other federal authorities. And our state health lab has been assisting the Centers for Disease Control in analyzing possible biological agents.
We should be proud that we're doing our part to help the national war effort, while making Georgia's families safer.
Parents also deserve to know their children will be able to see a doctor if they get sick.
That's why we have increased funding for the PeachCare for Kids program, which is now fifth in the nation in the number of children covered ... in fact, the enrollment recently exceeded 200,000 for the first time ever. When you add the 551,000 children who are covered by Medicaid, we are now providing health care for more than 750,000 Georgians under 18 one-third of the children in our state.
PeachCare gives peace of mind to working families who otherwise wouldn't be able to afford health insurance for their children. In fact, the Department of Community Health heard from a mother of two, who said:
"I have been raising my children alone since they were born. ... Until PeachCare for Kids, all of us had to do without good medical care. PeachCare has been a Godsend for us."
Commuters deserve to know that we're planning and building the roads they'll need to get to work in a few years, as well as other options, like buses and trains.
Three years ago, we faced a transportation crisis. We couldn't use any federal money to build new roads in the metro Atlanta area. We all know that Georgia's prosperity has always depended on a great transportation system, so this situation threatened the economic future of the whole region ... and, in fact, the whole state.
We listened to the recommendations of community leaders, and we took action. Today, we're moving forward quickly to build new roads and create the other options that will give us the kind of transportation system we need to stay competitive in the 21st Century.
Every Georgian deserves to know that when they turn on a water faucet, there will be enough water to meet their needs. And clean water, too water you can drink, not smell.

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Once again, we were blessed that some of our community leaders took the initiative, and recommended a regional approach to water issues. We listened, and we created a framework that will let local governments in north Georgia work together on a regional basis to protect our water supply ... because streams and rivers don't stop at county lines.
And we all deserve the peace of mind of knowing there will always be a place where our kids can play ball, or where we can take our dog for a walk, or just wander in the woods for a few minutes to get in touch with nature.
The Community Greenspace Program that we created has already helped counties around our state save hundreds of acres of priceless forest, woods and wetlands. And that's just the beginning, because with the Greenspace funds we have already appropriated, thousands more acres will be saved.
Those are some of the things we have already done, but we have much more still to do.
Georgia is in a position to emerge from this economic downturn in better shape than ever, but it won't just happen.
We have a lot of hard work ahead of us, and we'll have to make some tough decisions. But that is the job we were elected to do.
Every one of us asked for a leadership role we even fought for it. Now is the time for us to do what is right, instead of what is simply easy. It is time for us to act boldly, not timidly.
Let's remember the words of Theodore Roosevelt:
It is hard to fail, but it is worse never to have tried to succeed. In this life we gain nothing save by effort.
A few minutes ago I talked about the things I had learned as I traveled around Georgia in the past few years.
But the fact is, I've been learning from the people of Georgia all my life.
When I was just a boy, I started working in my family's general store. Sometimes I would set up a produce stand outside by the highway. Other times I would work inside, where we sold everything from groceries to gardening tools.
Our customers taught me a very important lesson: When people pay for goods or services, they expect to get something of value in return. And if they don't, they will hold the person who made the sale responsible.

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I have never forgotten that lesson. Today, we know that the Georgians who elected every one of us expect us to get results. They expect better schools for their children, starting with smaller classes. They expect an economic climate that creates good jobs. They expect us to protect their quality of life and the environment. And they expect us to do all these things as efficiently as possible, so we can continue to cut taxes. If we don't do these things, they will hold us accountable as they should. If we take bold action now, we will secure a bright future for all Georgians ourselves, our children, and our grandchildren. So I hope we can work together for the next few months to get results. I know this is an election year, and we won't agree on everything. But there are many things we can agree upon. We all want to do what's good for our state ... today and in the future. I hope we can listen to one another, just as we listen to the people of Georgia, and find the common ground that unites us. If we can do that and work together, I think we'll make a good start toward securing Georgia's future. Thank you. God Bless America, and God Bless the great state of Georgia.
Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.

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

HR 806. By Representatives Smith of the 169th, Ray of the 128th, Hudson of the 156th, Brooks of the 54th, Birdsong of the 123rd and others:
A RESOLUTION creating the Joint Ethanol Production Study Committee; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Rules moves to amend HR 806 by striking on line 18 of page 1 the word "five" and inserting in lieu thereof the word "seven".

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

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

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

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

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 N Joyce Y Kaye
Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders

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 E Stanley
Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson

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

JOURNAL OF THE HOUSE

Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

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

On the adoption of the Resolution, as amended, the ayes were 152, nays 5.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Westmoreland of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HR 806 was ordered immediately transmitted to the Senate.

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

HR 846. By Representatives Rogers of the 20th, Murphy of the 18th and Walker of the 141st:
A RESOLUTION commending the Gainesville High School Red Elephants baseball team as Class AAA state champions for 2001 and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 907. By Representatives Hugley of the 133rd, Smyre of the 136th, Randall of the 127th, Taylor of the 134th, Jackson of the 148th and others:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the Capitol on February 18, 2002, and inviting the Regional Director, Sonjia Garcia, to appear before the House of Representatives; and for other purposes.

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HR 953. By Representatives Forster of the 3rd, Joyce of the 1st, Snow of the 2nd and Hammontree of the 4th:
A RESOLUTION commending Kit Napier and inviting him to appear before the House of Representatives; and for other purposes.
HR 954. By Representative Harrell of the 62nd:
A RESOLUTION commending Youth in CHARGe and inviting representatives of this network of youth to appear before the House of Representatives; and for other purposes.
HR 955. By Representatives Sinkfield of the 57th, Hudson of the 156th, Smyre of the 136th, Bell of the 25th, Taylor of the 134th and others:
A RESOLUTION commending foster youth in the State of Georgia and recognizing Thursday, February 7, 2002, as Foster Youth Day at the state capitol; and for other purposes.
HR 977. By Representative Bell of the 25th:
A RESOLUTION commending Bill Anderson and inviting him to appear before the House of Representatives; and for other purposes.
HR 978. By Representative Bell of the 25th:
A RESOLUTION commending and inviting Commerce High School Head Coach Steve Savage to appear before the House of Representatives; and for other purposes.
HR 979. By Representatives Reichert of the 126th, Graves of the 125th, Randall of the 127th, Lucas of the 124th, Birdsong of the 123rd and others:
A RESOLUTION commending and inviting the Tattnall Square Academy boys football team and its coaches to appear before the House of Representatives; and for other purposes.

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HR 989. By Representatives Jackson of the 148th, Childers of the 13th, Henson of the 65th and Randall of the 127th:
A RESOLUTION commending Georgia's dental hygienists; recognizing Dental Hygientists' Appreciation Day on February 8, 2002; and inviting certain dental hygienists to appear before the House of Representatives; and for other purposes.
HR 1026. By Representatives Hines of the 38th, Kaye of the 37th, Shanahan of the 10th, Jamieson of the 22nd, Collins of the 29th and others:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes.
Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1185 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman
Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the

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following recommendations:
HB 144 Do Not Pass HB 1070 Do Pass

HB 1142 Do Pass HB 1169 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 805 Do Pass HR 838 Do Pass

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

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

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Representative Hall, Atlanta, Georgia Thursday, February 7, 2002
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 W. Wes Hardin, Pastor, World Vision Church, Macon, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1275. By Representatives Forster of the 3rd, Bunn of the 74th, Snow of the 2nd, Bridges of the 9th and West of the 101st: A BILL to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of radar speed detection devices, so as to remove the requirement that the streets, roads, and highways upon which such devices may be used must be approved; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1276. By Representative Channell of the 111th: A BILL to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1277. By Representative Channell of the 111th: A BILL to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to revise the education districts for the election of members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1278. By Representatives Mueller of the 152nd, Day of the 153rd and Stephens of the 150th: A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as

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to change provisions relating to removal of members of such boards; to broaden the grounds for removal so that a member of the board of tax assessors may be removed by the county governing authority for any due cause shown; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1279. By Representatives Jenkins of the 110th, Reichert of the 126th, Holland of the 157th, Ray of the 128th and Channell of the 111th:
A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to firearms licenses, and Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to custody of certain funds by judges of the probate courts, so as to change certain fees for judges of the probate courts; to clarify provisions relating to remitting funds to other agencies, advance cost, notices of claims and claims by creditors against estates of decedents or persons believed to be dead, and fees charged by other agencies for examination of records with regard to applications for firearms licenses; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1280. By Representatives Morris of the 155th, Jamieson of the 22nd, Porter of the 143rd, Ashe of the 46th and Coleman of the 80th:
A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, so as to provide for restoration of certain forfeited sick and personal leave after return to service for two consecutive years; and for other purposes.

Referred to the Committee on Education.

HB 1281. By Representatives Golick of the 30th, Wix of the 33rd, Manning of the 32nd, Parsons of the 40th, Franklin of the 39th and others:

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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.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1282. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A BILL to amend Code Section 48-5-52 of the Official Code of Georgia Annotated, relating to homestead exemptions from school district ad valorem taxation for educational purposes for residents who are 62 years of age or older, so as to change the income limitation provisions of such exemption; to authorize certain disabled persons of any age to receive such exemption; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1283. By Representatives Mueller of the 152nd, Day of the 153rd and Stephens of the 150th:
A BILL to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use and expenditure of tax proceeds for the maintenance and repairs of certain capital outlay projects; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1284. By Representatives Smith of the 169th, Mosley of the 171st, Smith of the 12th, Byrd of the 170th, Lane of the 146th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

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2/6/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1284. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 169
Referred to the Committee on Transportation.
HB 1285. By Representative Walker of the 141st:
A BILL to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change provisions relating to the state auditor's authority to conduct special examinations and audits and to obtain documentary evidence in connection therewith; to provide for the state auditor's powers to conduct vulnerability assessments and reviews of electronic information systems and computer security systems; and for other purposes.
Referred to the Committee on Rules.
HB 1286. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A BILL to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to increase the period of time for which refunds for taxes may be claimed; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 1287. By Representatives Keen of the 174th and Buck of the 135th:
A BILL to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain commercial fishing vessels whose primary use is the landing and processing of seafood; and for other purposes.

2/6/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1287. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Keen District 174

Referred to the Committee on Ways & Means.

HB 1288. By Representatives Keen of the 174th and Buck of the 135th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the separate classification of certain commercial dockside facilities for purposes of ad valorem taxation; and for other purposes.

2/6/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1288. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Keen District 174

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Referred to the Committee on Ways & Means.
HB 1289. By Representatives O'Neal of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th: A BILL to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the powers of the Georgia Aviation Hall of Fame Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1290. By Representatives O'Neal of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th: A BILL to amend an Act to reconstitute the Board of Education of Houston County, so as to provide for the filling of vacancies on the Board of Education of Houston County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1291. By Representative Connell of the 115th: A BILL to amend Article 2 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state court judges and solicitors, so as to provide for reimbursement of travel and educational expenses; to amend provisions relating to the Council of State Court Judges of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
HB 1292. By Representatives Brown of the 130th and Snelling of the 99th: A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases,

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and metabolic disorders, so as to provide for a patient to purchase contact lenses from a retailer of his or her choice including through the mail; to prohibit the prescription of private label or store brand contact lenses; to provide for a patient to receive immediately a copy of his or her prescription for contact lenses; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1293. By Representative Connell of the 115th:
A BILL to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to authorize the mayor to vote as a member of the commission; to delete the mayor's authority to make or break a tie; to change the provisions relating to quorums and the vote needed by the commission to take action; to provide for a county administrator and the appointment, powers, duties, and vacancies related thereto; and for other purposes.

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

HB 1294. By Representative Sims of the 167th:
A BILL to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), so as to change the description of the commissioner districts; and for other purposes.

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

HR 1038. By Representatives Reece of the 11th, Jamieson of the 22nd, Porter of the 143rd, Ashe of the 46th and Houston of the 166th:
A RESOLUTION creating the House Study Committee on Technology Education; and for other purposes.

Referred to the Committee on Rules.

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HR 1039. By Representatives Floyd of the 138th, Coleman of the 142nd, Greene of the 158th, Ehrhart of the 36th, Purcell of the 147th and others: A RESOLUTION creating the Joint Construction Codes Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 1040. By Representatives Hines of the 38th, Stallings of the 100th, Jamieson of the 22nd and Coleman of the 80th: A RESOLUTION creating the House Study Committee on Uniform High School Grading; and for other purposes.
Referred to the Committee on Rules.
HR 1041. By Representatives Ray of the 128th and Walker of the 141st: A RESOLUTION recognizing the observance of Family/Friend Kindness Day; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1042. By Representatives Byrd of the 170th, Walker of the 141st, Westmoreland of the 104th and Roberts of the 132nd: A RESOLUTION expressing support for public policy that strengthens marriage and improves the self-sufficiency of families; and for other purposes.
Referred to the Committee on Human Relations & Aging.

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

HB 1254 HB 1255 HB 1256 HB 1257 HB 1258 HB 1259 HB 1260 HB 1261 HB 1262 HB 1263 HB 1264 HB 1265 HB 1266

HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HR 1035 SB 333 SB 354 SB 363

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1210 Do Pass, by Substitute

Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

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

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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 908 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1229 Do Pass HB 1233 Do Pass HB 1234 Do Pass HB 1241 Do Pass

HB 1246 Do Pass HB 1249 Do Pass HB 1252 Do Pass HR 981 Do Pass

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

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 7, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

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HB 116 HB 1044 HB 1077 HB 1090 HB 1158 HB 1174 HB 1223

State officers and employees; annual leave; use for other office Schools; electronic communication devices; delete prohibition State deferred compensation programs; certain employees participate Claims against state; notice; change provisions Hunting; bear and deer; season and bag limits Wildlife; weapons for hunting; crossbow; handguns Foreign corporations; transacting business without certificate of authority; flat fee

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

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

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1229. By Representatives Ehrhart of the 36th, Wiles of the 34th, Hines of the 38th, Franklin of the 39th, Collins of the 29th and others:
A BILL to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the description of the education districts; 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 127, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1233. By Representatives Manning of the 32nd, Parsons of the 40th, Wix of the 33rd, Ehrhart of the 36th, Wiles of the 34th and others:

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A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1234. By Representative Channell of the 111th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to revise the districts for the election 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.
On the passage of the Bill, the ayes were 127, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1241. By Representative Channell of the 111th:
A BILL to amend an Act creating a board of commissioners for Putnam County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1246. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act creating the Board of Commissioners of Thomas County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; 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 127, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1249. By Representatives Golick of the 30th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd, Hines of the 38th and others:
A BILL to amend an act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1252. By Representative Hudson of the 156th:
A BILL to amend an Act entitled "An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor," so as to change the compensation of the mayor and aldermen of the City of Fitzgerald and the members of the Fitzgerald Water, Light, and Bond Commission; and for other purposes.

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

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On the passage of the Bill, the ayes were 127, nays 14. The Bill, having received the requisite constitutional majority, was passed.

HR 981. By Representative Poag of the 6th:
A RESOLUTION designating the Ridley Community in Murray County as a community; 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 127, nays 14.
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 353. By Senators Cheeks of the 23rd, Cagle of the 49th, Crotts of the 17th and Stokes of the 43rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the O.C.G.A., known as the "Financial Institutions Code of Georgia," so as to include objectives of the chapter for entities under the supervision of the Department of Banking and Finance that are not financial institutions; to change the restrictions on investments by certain employees of the department; to specify the restrictions on the receipt of gifts and business activities by certain employees of the department; to authorize the department to collect certain fees by electronic deductions; to authorize the department to share certain information with federal or state regulatory agencies; to specify the types of hearings available to a party; to provide for certain types of stock and securities transactions by banks; to repeal conflicting laws; and for other purposes.

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HB 990. By Representatives Murphy of the 18th, Cummings of the 27th and Richardson of the 26th:
A BILL to create a new judicial circuit for the State of Georgia, to be known as the Paulding Judicial Circuit and to be composed of Paulding County; to provide for the judges and district attorneys of said new circuit and the Tallapoosa Judicial Circuit and their terms, selection, and compensation; to revise and restate certain provisions of law relating to the Tallapoosa Judicial Circuit and to enact provisions for the Paulding Judicial Circuit; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for the composition, terms of court, and number of judges of said circuits; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 353. By Senators Cheeks of the 23rd, Cagle of the 49th, Crotts of the 17th and Stokes of the 43rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the O.C.G.A., known as the "Financial Institutions Code of Georgia," so as to include objectives of the chapter for entities under the supervision of the Department of Banking and Finance that are not financial institutions; to change the restrictions on investments by certain employees of the department; to specify the restrictions on the receipt of gifts and business activities by

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certain employees of the department; to authorize the department to collect certain fees by electronic deductions; to authorize the department to share certain information with federal or state regulatory agencies; to specify the types of hearings available to a party; to provide for certain types of stock and securities transactions by banks; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks and Banking.

Representative Day of the 153rd arose to a point of personal privilege and addressed the House.

Representative Jackson of the 112th arose to a point of personal privilege and addressed the House.

Representative Connell of the 115th arose to a point of personal privilege and addressed the House.

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

HR 1043. By Representative Connell of the 115th:
A RESOLUTION commending and congratulating Georgia's own welterweight world champion Vernon Forrest and inviting him to appear before the House of Representatives; and for other purposes.

HR 1044. By Representative Channell of the 111th:
A RESOLUTION congratulating the Putnam County High School Future Farmers of America dairy judging team and inviting them to appear before the House of Representatives; and for other purposes.

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HR 1045. By Representative Jamieson of the 22nd:
A RESOLUTION inviting William J. "Wild Bill" Guarnere to appear before 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 908. By Representatives Hugley of the 133rd, Smyre of the 136th, Buck of the 135th, Taylor of the 134th, Roberts of the 132nd and others:
A RESOLUTION commending the Youth Advisory Council of Columbus, Georgia; inviting the members of the Youth Advisory Council to appear before the House of Representatives at a date and time to be designated by the Speaker of the House of Representatives; and for other purposes.

The Speaker Pro Tem assumed the Chair.

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

HB 1077. By Representative Holmes of the 53rd:
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 the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund to participate in the state deferred compensation 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 Cox Crawford
Y Cummings

Y Hudson, N Y Hudson, S Y Hugley

Y O'Neal Orrock
Y Parham

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

474
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

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.

HB 1044. By Representatives Ashe of the 46th, Jamieson of the 22nd, Houston of the 166th and Porter of the 143rd:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the exercise of discretion by local boards of education with regard to

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prohibiting electronic communication devices in schools; to delete a provision prohibiting such devices; 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 Benfield Y Birdsong Y Black Y Boggs 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
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
Everett Floyd Y Forster Y Franklin Y Gardner E 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 Hudson, S Y Hugley E 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
Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris E Mosley Y Mueller

Y O'Neal 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 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 E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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HB 1174. By Representatives Morris of the 155th, Lane of the 146th and Scott of the 165th:
A BILL to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to wildlife, so as to provide that it shall be lawful to hunt wildlife with a crossbow under certain conditions; to repeal a provision permitting certain handguns to be used in hunting under certain conditions; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to wildlife, so as to provide that it shall be lawful to hunt wildlife with a crossbow under certain conditions; to repeal a provision permitting certain handguns to be used in hunting under certain conditions; 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 27 of the Official Code of Georgia Annotated, relating to general provisions relative to wildlife, is amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"27-3-4. It shall be unlawful to hunt wildlife with any weapon, except that:
(1) Longbows, recurve bows, crossbows, 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, crossbows, compound bows, muzzleloading 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 firearms of .44 caliber or larger, and rifles using any center-fire cartridge firearms .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

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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 center-fire 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 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, crossbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;
(5)(A) For hunting deer and bear, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) The use of crossbows for hunting within this state is prohibited except under such circumstances and conditions as the board shall prescribe by rule or regulation for persons suffering from permanent disabilities. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt big game with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1994, may continue to hunt big game with a crossbow; (7)(6) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading firearms, longbows, crossbows, recurve bows, or 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; (8) (7) There are no firearms restrictions for taking nongame animals or nongame birds; and (9)(8) The use of silencers for hunting within this state is prohibited."
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:

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JOURNAL OF THE HOUSE

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong Y Black Y Boggs 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 Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner E 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 E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris E Mosley Y Mueller

Y O'Neal 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 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 E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague N Teper Y Tillman Y 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HR 1046. By Representatives Anderson of the 116th, Burmeister of the 114th, Allen of the 117th, DeLoach of the 119th and Howard of the 118th:

THURSDAY, FEBRUARY 7, 2002

479

A RESOLUTION honoring Demetrius Bates 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 of the House was taken up for consideration and read the third time:

HB 1223. By Representatives Squires of the 78th, Hammontree of the 4th, Reichert of the 126th, Ragas of the 64th and Willard of the 44th:
A BILL to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide a flat fee for foreign corporations transacting business in the state without a certificate of authority; to delete multiple year and partial year references where a flat fee is specified; to specify that professional corporations or limited liability companies may serve as the registered agent for service for a limited partnership; to clarify the Secretary of State's $10.00 filing fee for acceptance of service in the applicable Code sections; to amend Code Section 10-1-416, relating to the appointment of the Secretary of State as agent for service of process, so as clarify filing fee; and for other purposes.

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

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

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

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 Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye

Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens

480
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 Everett Floyd
Y Forster Y Franklin Y Gardner E 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 Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris E Mosley Y Mueller

Y Reece Y Reed 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 E Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

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

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 7, 2002

481

A BILL
To amend Code Section 45-10-70 of the Official Code of Georgia Annotated, relating to holding office in political subdivision, political party, or political organization by nonelective state officers or employees, so as to provide that nonelective state officers and employees may use annual and personal leave to fulfill the duties or functions of such elective or appointive offices that occur during the officers or employees work hours; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-10-70 of the Official Code of Georgia Annotated, relating to holding office in political subdivision, political party, or political organization by nonelective state officers or employees, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:
"45-10-70. No rules or regulations of any state agency, department, or authority shall prohibit nonelective officers or employees of this state from offering for or holding any elective or appointive office of a political subdivision of this state or any elective or appointive office of a political party or political organization of this state, provided that the office is not full time and does not conflict with the performance of the official duties of the person as a state employee. Such nonelective officers and employees are authorized to use annual and personal leave for the purpose of fulfilling any official duties or functions of such elective or appointive offices that arise during the officers or employees work hours. The agency, department, or authority employing such nonelective officer or employee may require written certification from the officer or employee that the leave time was used for the purpose of fulfilling the official duties or functions of such elective or appointive offices."
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:

482

JOURNAL OF THE HOUSE

Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs 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
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 Gardner E Golick Y Graves Y Greene N 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 Hudson, S Y Hugley E 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 N Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris E Mosley Y Mueller

Y O'Neal 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 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 E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

THURSDAY, FEBRUARY 7, 2002

483

HB 994. By Representative Lord of the 121st:
A BILL to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide that owners and operators shall keep proof of minimum insurance coverage in all vehicles until January 3 1, 2003; to provide that on and after February 1, 2003, proof of insurance for vehicles not insured under a commercial policy will be established by a state database of insurance coverage; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide that owners and operators shall keep proof of minimum insurance coverage in all vehicles until January 31, 2003; to provide that on and after February 1, 2003, proof of insurance for vehicles not insured under a commercial policy will be established by a state database of insurance coverage; to provide for the admissibility of the records of the Department of Motor Vehicle Safety concerning insurance coverage; to provide that such records shall be prima-facie evidence of the matters contained therein; to provide for types of proof of insurance coverage; to provide for enforcement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, is amended by striking subsection (a) and inserting in lieu thereof new subsections (a) and (d) to read as follows:
"(a)(1) The Until July 1, 2002, the owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle if:. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis:
(A) The If the policy providing such coverage was applied for within the last 30 days, in which case a current written binder for such coverage for a period not

484

JOURNAL OF THE HOUSE

exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) The If the vehicle is operated under a rental agreement, in which case a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; or and (C) The If the owner acquired ownership of the motor vehicle in question within the past 20 days, in which case if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurers declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 days;. (3) On and after February 1, 2003, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle provided, however, that the requirements of this paragraph shall not apply to the owner or operator of any vehicle for which the records or database of the Department of Public Motor Vehicle Safety indicate that required minimum insurance coverage is currently effective. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (4) Except as otherwise provided in paragraph (4) (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (2)(A) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17. (B)(5) Every law enforcement officer in this state shall request determine if the operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection to produce proof or evidence of this Code section has the required minimum insurance coverage every time the law enforcement officer requests the presentation of the drivers license of the operator of the vehicle. (3)(6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection fails to show this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the drivers license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic

THURSDAY, FEBRUARY 7, 2002

485

citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (4)(7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the drivers license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the drivers license of such person shall not be suspended.
(5)(8)(A) For purposes of this Code section up to and including December 31, 2001 July 1, 2002, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2002 July 1, 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 40-5-71. (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 January 1, 2002 July 1, 2002, any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section." "(d) Insurance coverage information from records of the department shall be primafacie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Lord of the 121st moves to amend the Senate substitute to HB 994 by striking "July 1, 2002" in line 16 on page 1 and in line 13 on page 3 and inserting in lieu thereof "January 31, 2003".
By striking "July 1, 2002" in lines 15 and 23 on page 3 and inserting in lieu thereof "February 1, 2003".

486

JOURNAL OF THE HOUSE

By striking "Code Section 24-3-17."" on line 28 of page 3 and inserting in lieu thereof the following:
"Code Section 24-3-17. (e) The minimum liability insurance database of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than February 1, 2003.""

Representative Lord of the 121st moved that the House agree to the Senate substitute, as amended by the House, to HB 994.

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 Benfield Y Birdsong Y Black Y Boggs 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 Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal 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 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 E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

THURSDAY, FEBRUARY 7, 2002

487

On the motion, the ayes were 169, nays 1.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1090. By Representatives Bordeaux of the 151st, Stokes of the 92nd and Davis of the 60th:
A BILL to amend Code Section 50-21-26 of the Official Code of Georgia Annotated, relating to notice of a claim against the State of Georgia, commencement of action, examination of records to facilitate investigation of a claim, and the confidential nature of the documents and information furnished, so as to change provisions relative to the notice of claim; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 50-21-26 of the Official Code of Georgia Annotated, relating to notice of a claim against the State of Georgia, commencement of action, examination of records to facilitate investigation of a claim, and the confidential nature of the documents and information furnished, so as to change provisions relative to the notice of claim; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-21-26 of the Official Code of Georgia Annotated, relating to notice of a claim against the State of Georgia, commencement of action, examination of records to facilitate investigation of a claim, and the confidential nature of the documents and information furnished, is amended by striking subsections (a) and (c) and inserting in their place new subsections to read as follows:

488

JOURNAL OF THE HOUSE

"(a) No person, firm, or corporation having a tort claim against the state under this article shall bring any action against the state upon such claim without first giving notice of the claim as follows:
(1) Notice of a claim shall be given in writing within 12 months of the date the loss was discovered or should have been discovered; provided, however, for tort claims and causes of action which accrued between January 1, 1991, and July 1, 1992, notice of claim shall be given in writing within 12 months after July 1, 1992; (2) Notice of a claim shall be given in writing and shall be mailed by certified mail or statutory overnight delivery, return receipt requested, or delivered personally to and a receipt obtained from the Risk Management Division of the Department of Administrative Services. In addition, a copy shall be delivered personally to or mailed by first-class mail to the state government entity, the act or omissions of which are asserted as the basis of the claim. Each state government entity may designate an office or officer within that state government entity to whom a notice of claim is to be delivered or mailed; (3) No action against the state under this article shall be commenced and the courts shall have no jurisdiction thereof unless and until a written notice of claim has been timely presented to the state as provided in this subsection; (4) Any complaint filed pursuant to this article must have a copy of the notice of claim presented to the Department of Administrative Services together with the certified mail or statutory overnight delivery receipt or receipt for other delivery attached as exhibits. If failure to attach such exhibits to the complaint is not cured within 30 days after the state raises such issue by motion, then the complaint shall be dismissed without prejudice; and (5) A notice of claim under this Code section shall state, to the extent of the claimants knowledge and belief and as may be practicable under the circumstances, the following:
(A) The name of the state government entity, the acts or omissions of which are asserted as the basis of the claim; (B) The time of the transaction or occurrence out of which the loss arose; (C) The place of the transaction or occurrence; (D) The nature of the loss suffered; (E) The amount of the loss claimed; and (F) The acts or omissions which caused the loss." "(c) The Department of Administrative Services shall mail by first-class mail a copy of the notice of a claim to the state government entity, the act or omissions of which are asserted as the basis of the claim. Each state government entity may designate an office or officer within that state government entity to whom a notice of claim is to be mailed. The Department of Administrative Services shall have the authority to examine and copy any records of any state government entity to facilitate the investigation of a claim. Each state government entity shall make available to the Department of Administrative Services, incidental to any investigation of a claim, all such records notwithstanding any other provision of law which designates such records as

THURSDAY, FEBRUARY 7, 2002

489

confidential or which prohibits disclosure of such records; provided, however, that the Department of Administrative Services shall be bound by such provision of law and shall not make further disclosure of such records except as permitted by such provision of law. The Department of Administrative Services may enforce the authority granted under this subsection by subpoena which may be enforced, upon application by the department, by the Superior Court of Fulton County, Georgia, in the same manner as subpoenas issued under Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' may be enforced."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Coan

Y Cox Y Crawford Y Cummings Y Davis Y Day Y 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 Gardner E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines

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

Y O'Neal Orrock Parham
Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y 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 E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J

490
Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Mills Y Mobley Y Morris E Mosley Y Mueller

Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

Due to a mechanical malfunction, the vote of Representative Lane of the 146th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1158. By Representatives Lane of the 146th, Stokes of the 92nd, Keen of the 174th, Porter of the 143rd, Shaw of the 176th and others:
A BILL to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, promulgation of rules and regulations by Board of Natural Resources, possession of more than bag limit, and reporting number of deer killed, so as to change the hunting season for bear; to change the season and bag limits for deer; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, promulgation of rules and regulations by Board of Natural Resources, possession of more than bag limit, and reporting number of deer killed, so as to change the hunting season for bear; to change the season and bag limits for deer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, promulgation of rules and regulations by Board of Natural Resources,

THURSDAY, FEBRUARY 7, 2002

491

possession of more than bag limit, and reporting number of deer killed, is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof the following:
"(a) It shall be unlawful to hunt the following game species at any time during the periods set forth below:

Game Species (1) Quail (2) Grouse (3) Turkey
(A) Gobblers (B) Hens (4) Deer (5) Bobcat (6) Opossum
(7) Rabbit (8) Raccoon
(9) Squirrel (10) Bear (11) Sea turtles and their eggs (12) Cougar (Felis concolor) (13) Alligators (14) Migratory game birds

Closed Season March 16 -- Oct. 31 March 1 -- Oct. 14
May 22 -- March 14 All year Jan. 16 -- Sept. 14 Sept. 7 March 1 -- Oct. 14 March 1 -- Oct. 14, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties March 1 -- Oct. 31 March 1 -- Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties March 1 -- August 14 Jan. 16 -- Sept. 14 7 All year All year Nov. 1 -- March 31 March 11 -- August 31

(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Game Species
(1) Quail (2) Grouse (3) Turkey gobblers

Maximum Open Season
Nov. 1 -- March 15 Oct. 15 -- Feb. 29 March 15 -- May 21

Maximum Bag Limits

Daily

Season

12

No limit

3

No limit

3

3

492 (4) Deer
(5) Bobcat (6) Opossum
(7) Rabbit (8) Raccoon
(9) Squirrel (10) Fox (11) Migratory game birds (12) Bear (13) Alligators

JOURNAL OF THE HOUSE

Sept. 15 8 -- Jan. 15

8

8

The daily limit shall be

ten antlerless deer and

two antlered bucks. The

season limit shall be ten

antlerless deer and two

antlered bucks. Only

one antlered buck may

have less than four

points one inch or longer

on one side of the

antlers.

Up to two deer per

managed hunt may be

allowed on wildlife

management

areas

without complying with

the state-wide bag limit

Oct. 15 -- Feb. 29

No limit No limit

(A) Oct. 15 -- Feb. 29, for that area

No limit No limit

north of and including Haralson,

Paulding, Bartow, Cherokee, Forsyth,

Hall, Banks, Franklin, and Hart counties;

and

(B) Jan. 1 -- Dec. 31 for the

No limit No limit

remainder of the state

Nov. 1 -- Feb. 29

12

No limit

(A) Oct. 15 -- Feb. 29, for that area

No limit No limit

north of and including Carroll, Fulton,

Gwinnett, Barrow, Clarke, Oglethorpe,

Taliaferro, Wilkes, and Lincoln counties;

and

(B) Jan. 1 -- Dec. 31 for the

No limit No limit

remainder of the state

Aug. 15 -- Feb. 29

12

No limit

Jan. 1 -- Dec. 31

No limit No limit

Sept. 1 -- March 10

Subject to limits set by

the federal government

and adopted by the

board

Sept. 15 8 -- Jan. 15

1

1

April 1 -- Oct. 31

Subject to limits adopted

by the board"

THURSDAY, FEBRUARY 7, 2002

493

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

The following amendment was read:

Representative Teper of the 61st moves to amend the Committee substitute to HB 1158 as follows:
Page 2 Line 5 Strike the number "7" and replace with the number "14"
and Page 4 Line 4 Strike the number "8" and replace with the number "15".

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

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

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

N Hudson, N N Hudson, S N Hugley E 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
Maddox N Mangham N Manning N Massey N McBee

N O'Neal Orrock
N Parham N Parrish N Parsons Y Pelote N Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice N Richardson N Roberts, D N Roberts, L N Rogers N Royal
Sailor N Sanders N Scheid Y Scott

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

494
N Cash N Channell N Childers N Coan N Coleman, B N Coleman, T N Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

N Heckstall N Hembree N Henson N Hines Y Holland Y Holmes N Houston N Howard N Hudgens

N McCall N McClinton
McKinney N Millar N Mills N Mobley N Morris E Mosley N Mueller

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

N Wiles N Wilkinson N Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 20, nays 144. The amendment was lost.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs 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
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Y Heckstall Y Hembree Y Henson

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

Y O'Neal 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 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 E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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 Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

THURSDAY, FEBRUARY 7, 2002

Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Millar Y Mills Y Mobley Y Morris E Mosley Y Mueller

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

495
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

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

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

The following Resolutions of the House were read and adopted:

HR 1047. By Representative Smith of the 91st: A RESOLUTION recognizing Allan Roffman; and for other purposes.

HR 1048. By Representatives Cummings of the 27th, Jackson of the 112th, Powell of the 23rd and Pinholster of the 15th:
A RESOLUTION recognizing the month of May, 2002, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.

HR 1049. By Representatives Coleman of the 142nd, Byrd of the 170th and Barnard of the 154th:
A RESOLUTION congratulating McRae Manor Nursing Home; and for other purposes.

496

JOURNAL OF THE HOUSE

HR 1050. By Representative James of the 140th: A RESOLUTION congratulating Montezuma Healthcare Center; and for other purposes.
HR 1051. By Representatives Ashe of the 46th, Benfield of the 67th, Buckner of the 95th and Jennings of the 63rd: A RESOLUTION recognizing and commending the Atlanta Justice Women's Professional Basketball team; and for other purposes.
HR 1052. By Representative James of the 140th: A RESOLUTION congratulating Taylor County Health Care; and for other purposes.
HR 1053. By Representatives Coan of the 82nd, Rice of the 79th, Westmoreland of the 104th, Mills of the 21st, Ehrhart of the 36th and others: A RESOLUTION recognizing and commending the Christian Index; and for other purposes.
HR 1054. By Representative Greene of the 158th: A RESOLUTION commending Trooper Matt Holloway; and for other purposes.
HR 1055. By Representative Greene of the 158th: A RESOLUTION commending Honorable Carolyn D. Taylor; and for other purposes.
HR 1056. By Representatives Borders of the 177th, Black of the 178th and Shaw of the 176th:

THURSDAY, FEBRUARY 7, 2002

497

A RESOLUTION congratulating Crestwood Nursing Home; and for other purposes.

HR 1057. By Representatives Rogers of the 20th and Murphy of the 18th:
A RESOLUTION expressing sympathy to the family of Coleman Terrell Miller; and for other purposes.

HR 1058. By Representatives Hammontree of the 4th, Williams of the 5th and Forster of the 3rd:
A RESOLUTION expressing regret at the passing of Walter Howard; and for other purposes.

HR 1059. By Representative Ray of the 128th: A RESOLUTION commending Joshua Miller; and for other purposes.

HR 1060. By Representative Ray of the 128th: A RESOLUTION commending Diane Fisher; and for other purposes.

HR 1061. By Representative Jamieson of the 22nd:
A RESOLUTION commending William J. "Wild Bill" Guarnere; and for other purposes.

HR 1062. By Representative Jamieson of the 22nd:
A RESOLUTION commending Chief Frank Strickland; and for other purposes.

HR 1063. By Representative Channell of the 111th:
A RESOLUTION congratulating Jack R. Hayes on his 65th birthday; and for other purposes.

498

JOURNAL OF THE HOUSE

HR 1064. By Representatives Brooks of the 54th, Stallings of the 100th, Smith of the 103rd, Epps of the 131st and Smyre of the 136th: A RESOLUTION commending Mrs. Mary Hines Johnson and proclaiming February 9, 2002, "Mary Hines Johnson Day"; and for other purposes.
HR 1065. By Representatives Buckner of the 95th, Jamieson of the 22nd, Barnes of the 97th, Dodson of the 94th, Seay of the 93rd and others: A RESOLUTION commending Jama Kirkland; and for other purposes.
HR 1066. By Representatives Snelling of the 99th and Hembree of the 98th: A RESOLUTION commending and congratulating Patricia Yale Mills; and for other purposes.
HR 1067. By Representatives Snelling of the 99th, Hembree of the 98th, Richardson of the 26th and Murphy of the 18th: A RESOLUTION recognizing and commending Jackie Bates; and for other purposes.
HR 1068. By Representatives Channell of the 111th, Royal of the 164th, Parrish of the 144th, Coleman of the 142nd, Skipper of the 137th and others: A RESOLUTION designating Rural Health Day; and for other purposes.
Representative Birdsong of the 123rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker: Your Committee on Defense and Veterans Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 7, 2002

499

HB 1205 Do Pass HB 1216 Do Pass HB 1236 Do Pass

Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1181 Do Pass HR 909 Do Pass

Respectfully submitted, /s/ Porter of the 143rd
Chairman

Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 131 Do Pass

Respectfully submitted, /s/ Byrd of the 170th
Chairman

500

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 847 Do Pass HR 980 Do Pass

HR 1036 Do Pass HR 1037 Do Pass

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

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

Mr. Speaker:

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

HB 179 Do Pass, by Substitute HB 1026 Do Pass

HB 1221 Do Pass HR 140 Do Pass

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

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

FRIDAY, FEBRUARY 8, 2002

501

Representative Hall, Atlanta, Georgia Friday, February 8, 2002

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

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

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

Connell Cox Crawford Cummings Davis Day Deloach, B Deloach, G Dodson Drenner Dukes Ehrhart Epps Everett Forster Franklin Gardner E Golick Greene Hammontree Hanner Harbin E Harrell Hembree Hines Holland Houston

Howard Hudgens Hudson, N Hudson, S Hugley Irvin Jackson, B Jackson, L E James Jamieson Jennings Johnson Jordan Joyce Kaye Keen E Knox Lanier Lewis Lord Lunsford Mangham Manning Massey McBee McClinton McKinney

E Millar Mills Morris
E Mosley Mueller O'Neal Parham Parrish
E Parsons Pelote Pinholster Poag Porter Purcell Reece Rice Richardson Roberts, D Roberts, L Rogers Sanders Scott Seay Shanahan Shaw Sims Skipper

Smith, B Smith, C Smith, L Smith, P Smith, T Smith, V Snelling Snow Squires Stallings Stephens Stokes Taylor Teague Teper Tillman Twiggs Unterman E Walker, R.L Watson Westmoreland Wiles Wilkinson Willard Williams, R Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Bordeaux of the 151st, Broome of the 160th, Buckner of the 95th, Collins of the 29th, Cooper of the 31st, Floyd of the 138th, Graves of the 125th, Heard of the 89th, Heckstall of the 55th, Henson of the 65th, Holmes of the 53rd, Jenkins of the 110th, Lane of the 146th, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, Powell of the 23rd, Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reichert of the 126th, Royal of the 164th, Sailor of the 71st, Scheid of the 17th, Sholar of the 179th,

502

JOURNAL OF THE HOUSE

Sinkfield of the 57th, Smith of the 19th, Smyre of the 136th, Stanley of the 49th, Stanley of the 50th, Turnquest of the 73rd, West of the 101st, Williams of the 83rd, and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Nita Crump-Howard, Assistant Pastor, First United Methodist Church, Swainsboro, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

FRIDAY, FEBRUARY 8, 2002

503

HB 1295. By Representatives Morris of the 155th, Lane of the 146th, Amerson of the 7th, Coleman of the 142nd, Scheid of the 17th 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 a special license plate supporting the National Rifle Association; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1296. 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 for excused absences for students who serve as poll officials for primaries or elections during the school year; and for other purposes.

Referred to the Committee on Education.

HB 1297. By Representatives Everett of the 163rd, Bridges of the 9th, Pelote of the 149th, Poag of the 6th, James of the 140th and others:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate grits as the official prepared food of the State of Georgia; and for other purposes.

2/7/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1297. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Everett District 163

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JOURNAL OF THE HOUSE

Referred to the Committee on Agriculture and Consumer Affairs.

HB 1298. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to regulate driver improvement and training programs and schools; to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing defensive driving course or alcohol or drug program, so as to change certain provisions relating to purpose of said article; to provide for licensing periods; to provide for bonds; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1299. By Representatives Jenkins of the 110th, Snow of the 2nd, Lucas of the 124th and McKinney of the 51st:
A BILL to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for increased penalties for committing the offenses of simple assault, simple battery, and battery against persons operating public transit vehicles and occupied school buses; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1300. By Representatives Collins of the 29th, Golick of the 30th, Wiles of the 34th, Manning of the 32nd, Ehrhart of the 36th and others:
A BILL to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

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505

HB 1301. By Representatives Mueller of the 152nd, Stephens of the 150th and Day of the 153rd:
A BILL to amend an Act relating to the school system of the City of Savannah and Chatham County, so as to change the description of the education districts; and for other purposes.

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

HB 1302. By Representative Barnard of the 154th:
A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to provide for new road districts for members of the board; and for other purposes.

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

HB 1303. By Representatives Houston of the 166th, Boggs of the 168th, Hudson of the 156th, Coleman of the 142nd, Westmoreland of the 104th and others:
A BILL to amend Article 22A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to marine manufacturers, so as to change certain provisions relating to termination of contractual relationship between dealer and manufacturer; to change certain provisions relating to application of said article; and for other purposes.

Referred to the Committee on Industry.

HB 1304. By Representative McKinney of the 51st:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to change the increased assessed value homestead exemption for certain senior citizens whose household income does not exceed $30,000.00, by making such exemption apply to senior citizens without an income qualification; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Ways & Means.
HB 1305. By Representatives Irvin of the 45th and Joyce of the 1st:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change the requirements for ballot access for political body and independent candidates; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1306. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A BILL to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to allow an appointed public official of the executive branch or employee of the executive branch to serve as an instructor of an evening or night course or program for a unit of the University System of Georgia or the Department of Technical and Adult Education in certain circumstances; and for other purposes.
Referred to the Committee on Higher Education.
HB 1307. By Representatives Mueller of the 152nd, Stephens of the 150th and Day of the 153rd:
A BILL to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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507

HB 1308. By Representatives Benfield of the 67th and Drenner of the 66th:
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 regulate use of traffic law compliance monitoring devices in enforcing certain such rules; to provide that certain maximum speeding fine limitations shall not apply to speeding in a school speed zone; to change certain provisions relating to required observance of Uniform Rules of the Road; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1309. By Representative Skipper of the 137th:
A BILL to amend an Act providing for districts for the election of the Sumter County Board of Education, so as to change provisions relating to education districts for the board; and for other purposes.

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

HB 1310. By Representatives McClinton of the 68th, McKinney of the 51st, Royal of the 164th, Ashe of the 46th and Teper of the 61st:
A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the police chief or chief executive officer of the security force created by said Act shall have the authority to administer the oath of office to any eligible peace officer employed as a member of such force; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1311. By Representatives Cox of the 105th, Taylor of the 134th, Unterman of the 84th, Hugley of the 133rd, Hines of the 38th and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that income received by educators who contract to

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work at low-performing schools in this state shall not be subject to state income tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1312. By Representatives Borders of the 177th, Buck of the 135th, Smith of the 175th, Black of the 178th, Shaw of the 176th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

2/7/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1312. 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 1313. By Representatives Birdsong of the 123rd and Buck of the 135th:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; and for other purposes.

Mr. Clerk:

2/7/2002

FRIDAY, FEBRUARY 8, 2002

509

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1313. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Birdsong District 123
Referred to the Committee on Ways & Means.
HB 1314. By Representatives Lord of the 121st, Westmoreland of the 104th, Walker of the 141st, DeLoach of the 172nd 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 definitions; to provide for the suspension, cancellation, and revocation of motor vehicle registration under certain circumstances; to provide that no motor vehicle registration may be issued or renewed while such vehicle's registration is under suspension, cancellation, or revocation and unless the owner provides sufficient proof of minimum insurance coverage on such vehicle; and for other purposes.
Referred to the Committee on Insurance.
HR 1069. By Representatives Manning of the 32nd, Hanner of the 159th, Shanahan of the 10th, Smith of the 103rd, McCall of the 90th and others:
A RESOLUTION encouraging the development and application of plasmaarc torch technology for solid waste management in Georgia and urging the cooperation and guidance of the Environmental Protection Division of the Department of Natural Resources; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 1070. By Representatives Rogers of the 20th, Coleman of the 142nd and Channell of the 111th:

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JOURNAL OF THE HOUSE

A RESOLUTION designating the "Ronnie Green Parkway"; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1275 HB 1276 HB 1277 HB 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HB 1284 HB 1285 HB 1286 HB 1287

HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HB 1294 HR 1038 HR 1039 HR 1040 HR 1041 HR 1042 SB 353

Pursuant to Rule 52, Representative Smith of the 169th moved that the following Bill of the House be engrossed:

HB 1284. By Representatives Smith of the 169th, Mosley of the 171st, Smith of the 12th, Byrd of the 170th, Lane of the 146th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

The motion prevailed.

FRIDAY, FEBRUARY 8, 2002

511

Pursuant to Rule 52, Representative Keen of the 174th moved that the following Bill of the House be engrossed:

HB 1287. By Representatives Keen of the 174th and Buck of the 135th:
A BILL to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain commercial fishing vessels whose primary use is the landing and processing of seafood; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Keen of the 174th moved that the following Bill of the House be engrossed:

HB 1288. By Representatives Keen of the 174th and Buck of the 135th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the separate classification of certain commercial dockside facilities for purposes of ad valorem taxation; and for other purposes.

The motion prevailed.

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 587 Do Pass, by Substitute HB 1021 Do Pass, as Amended HB 1048 Do Pass, by Substitute

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Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1259 Do Pass HB 1263 Do Pass HB 1264 Do Pass

HB 1265 Do Pass HB 1269 Do Pass HR 910 Do Pass

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

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 8, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

HB 1070 HB 1179 HB 1185

Death penalty cases; appeals; General Assembly notify victim's family Drivers' licenses; application of minor; additional signer Controlled substances and dangerous drugs; amend provisions

FRIDAY, FEBRUARY 8, 2002

513

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1259. By Representative Sims of the 167th:
A BILL to amend an Act to reconstitute the Board of Education of Atkinson County, so as to change the description of the education districts; and for other purposes.

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

HB 1263. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to create the office of commissioner of Catoosa County as the governing authority of said county; to provide for the election and term of office of the commissioner; to provide for filling of vacancies in the office of commissioner; to provide for oaths; to provide for bonds; to provide for 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 1264. By Representative Smith of the 91st:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition and description of the education districts from which members of the board of education are elected; and for other purposes.

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JOURNAL OF THE HOUSE

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

HB 1265. By Representative Smith of the 91st:
A BILL to amend an Act creating the Board of Commissioners of Morgan County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 1269. By Representative Broome of the 160th:
A BILL to authorize the Magistrate Court of Seminole County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, to provide that funds shall be used for the maintenance of the Seminole County law library; 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
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs

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

Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L E James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan

Y O'Neal Orrock
Y Parham Y Parrish E Parsons Y Pelote Y Pinholster
Poag Y Porter
Powell Y Purcell Y Ragas

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
Stanley

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
Collins Y Connell Y Cooper

FRIDAY, FEBRUARY 8, 2002

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

Y Joyce Y Kaye Y Keen E Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney E Millar Y Mills
Mobley Y Morris E Mosley Y Mueller

Y Randall Y Ray Y Reece
Reed 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

515
Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Y Murphy, Speaker

On the passage of the Bills, the ayes were 149, nays 0. The Bills, having received the requisite constitutional majority, were passed.

HR 910. By Representatives Walker of the 87th, Rogers of the 20th, Bridges of the 9th, Mills of the 21st, Amerson of the 7th and others:
A RESOLUTION commending various local boards of education and Christian Learning Center Boards; and for other purposes.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean

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

Y O'Neal Orrock
Y Parham Y Parrish E Parsons Y Pelote

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

516
Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens

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

Y Pinholster Poag
Y Porter Powell
Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed 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

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

On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
HB 68. By Representatives McBee of the 88th, Buck of the 135th, Heard of the 89th, Hudgens of the 24th and Holland of the 157th:

FRIDAY, FEBRUARY 8, 2002

517

A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide that with respect to employers of certain domestic employees certain contributions shall be due and payable on an annual basis rather than on a quarterly basis; to require certain annual tax and wage reports; and for other purposes.
HB 252. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-7A-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Class Nine Fire Department Pension Fund, so as to provide that certain members shall be entitled to an increase in the maximum monthly retirement benefit equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service in excess of 25 years; and for other purposes.
HB 255. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions under the Georgia Firefighters' Pension Fund, so as to provide that certain members shall be entitled to an increase in the maximum monthly retirement benefit equal to 2 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service in excess of 25 years; and for other purposes.
SB 191. By Senators Gingrey of the 37th, Cheeks of the 23rd, Williams of the 6th, Hooks of the 14th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for programs and protection for children, so as to prohibit certain governmental discrimination against youth organizations; to provide a short title; to repeal conflicting laws; and for other purposes.
SB 321. By Senators Streat of the 19th, Ragan of the 11th, Smith of the 25th, Williams of the 6th and Blitch of the 7th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 104-114.1, relating to grading of leaf tobacco by the Agriculture Marketing

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JOURNAL OF THE HOUSE

Service and alternatives if graders are unavailable; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate:
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.

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

SB 191. By Senators Gingrey of the 37th, Cheeks of the 23rd, Williams of the 6th, Hooks of the 14th, Meyer von Bremen of the 12th and others:
A BILL to be entitled an Act to amend Part 1 of Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for programs and protection for children, so as to prohibit certain governmental discrimination against youth organizations; to provide a short title; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Children & Youth.

SB 321. By Senators Streat of the 19th, Ragan of the 11th, Smith of the 25th, Williams of the 6th and Blitch of the 7th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 10-4-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

FRIDAY, FEBRUARY 8, 2002

519

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

HB 1185. By Representative Parham of the 122nd:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule II; to change certain provisions relating to general registration requirements; to regulate certain opioid treatments; to change certain provisions relating to the definition of dangerous drug; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
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 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines

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

Y O'Neal Orrock
Y Parham Parrish
E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J

520
Y Coleman, B Coleman, T Collins
Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Mills Mobley Morris
E Mosley Y Mueller

Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Williams, R 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.

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

HR 847. By Representative Williams of the 83rd:
A RESOLUTION commending Jeanie Anderson, Ms. Georgia Senior 2001, and inviting her to the House of Representatives; and for other purposes.

HR 980. By Representative Floyd of the 138th:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Gene Ford, Mr. James Nance, Mr. Zack Wade, and Mr. Troy Pullin and inviting the cooking team to appear before the House of Representatives; and for other purposes.

HR 1036. By Representative Floyd of the 138th:
A RESOLUTION commending the Crisp Academy Varsity Football Team and inviting them to appear before the House of Representatives; and for other purposes.

HR 1037. By Representative Floyd of the 138th:
A RESOLUTION recognizing and commending Miss Allison Hutton, 2002 Georgia Watermelon Queen, and inviting her to appear before the House of

FRIDAY, FEBRUARY 8, 2002

521

Representatives; and for other purposes.

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

HR 1071. By Representatives Buckner of the 95th, Dodson of the 94th, Barnes of the 97th, Seay of the 93rd, Jordan of the 96th and others:
A RESOLUTION inviting Jama Kirkland to appear before the House of Representatives; and for other purposes.

HR 1072. By Representatives Yates of the 106th and Sanders of the 107th:
A RESOLUTION commending Barbara Jo Cook and inviting her to appear before the House of Representatives; and for other purposes.

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

HB 1070. By Representatives Irvin of the 45th, Sims of the 167th, O'Neal of the 139th, Walker of the 141st and Lunsford of the 109th:
A BILL to amend Code Section 17-17-12 of the Official Code of Georgia Annotated, relating to notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal, so as to provide that, in cases in which the accused is convicted of a capital offense and receives the death penalty, it shall be the duty of the Attorney General to notify the victim's family of the filing and disposition of appeals from and other legal proceedings regarding such conviction and to provide the family with periodic reports on the status of such matters; 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:

522
Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 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 Gardner 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 E James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen E Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney E Millar Y Mills Y Mobley Y Morris E Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R 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 1179. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to applications of minors for drivers' licenses and distinctive licenses for persons under age 21, so as to provide that licensed driver training instructors may under certain conditions act as agents for parents or guardians for purposes of such applications; and for other purposes.

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The following amendment was read:

Representative Joyce of the 1st moves to amend HB 1179 by striking line 21 of page 1 and inserting in lieu thereof the following:
"such form as shall be prescribed by rule or regulation of the department. Notwithstanding any other provision of law to the contrary, no applicant under the age of 18 years shall be requried to submit a fingerprint upon application.'"

The following amendment was read and adopted:

Representative Snelling of the 99th moves to amend the Joyce amendment to HB 1179 as follows:
Line 5 Change spelling of word to "required.

The Joyce amendment as amended was ruled not germane.

The report of the Committee, which was favorable to the 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 Benfield Y Birdsong Y Black Y Boggs 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 Y Floyd

Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L E James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen E Knox

Y O'Neal Orrock
Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
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 Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor

524
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 Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Forster Y Franklin Y Gardner 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 Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney E Millar Y Mills Y Mobley Y Morris E Mosley Y Mueller

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

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

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

Representative Heckstall of the 55th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1000. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to authorize, by supplementary appropriation to the State of Georgia General Obligation Debt Sinking Fund, the issuance of not more than $620,730,000 in general obligation debt for educational facilities for county

FRIDAY, FEBRUARY 8, 2002

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and independent schools, through the State Board of Education and the Georgia State Financing and Investment Commission; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 994. By Representative Lord of the 121st:
A BILL to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide that owners and operators shall keep proof of minimum insurance coverage in all vehicles until January 3 1, 2003; to provide that on and after February 1, 2003, proof of insurance for vehicles not insured under a commercial policy will be established by a state database of insurance coverage; 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, February 11, 2002.

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Representative Hall, Atlanta, Georgia Monday, February 11, 2002

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 Benfield Birdsong Borders Bridges Brooks Broome Brown Buck Buckner Bulloch 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 Dodson Drenner Ehrhart Epps Everett Floyd Forster Franklin Gardner Golick Graves Greene Hammontree Hanner Harbin E Harrell Heard Hembree Hines Holland

Howard Hudgens Hudson, N Hudson, S Hugley Irvin Jackson, B Jackson, L James Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lanier Lewis Lord Lunsford Maddox Mangham McBee McCall Millar Mills Morris

Mosley Mueller O'Neal Parham Parrish E Parsons Pelote Pinholster Poag Porter Powell Purcell Randall Reece Reichert Rice Richardson Roberts, D E Roberts, L Royal Sanders Scheid Scott Seay Shanahan Shaw Sholar Sinkfield

Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snelling Snow Stanley Stanley-Turner Stephens Taylor Teper Tillman Turnquest Unterman Walker, L E Walker, R.L Watson E West Westmoreland Wiles Wilkinson Willard Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 116th, Black of the 178th, Boggs of the 168th, Bordeaux of the 151st, Bunn of the 74th, Dukes of the 161st, Heckstall of the 55th, Henson of the 65th, Holmes of the 53rd, Houston of the 166th, Jenkins of the 110th, Lane of the 146th, Lucas of the 124th, Manning of the 32nd, McClinton of the 68th, McKinney of the 51st, Ray of the 128th, Reed of the 52nd, Rogers of the 20th, Sims of the 167th,

MONDAY, FEBRUARY 11, 2002

527

Smith of the 175th, Smith of the 19th, Smyre of the 136th, Squires of the 78th, Stallings of the 100th, Teague of the 58th, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Matthew M. Odum, Sr., Pastor, Temple of Glory Community Church, Savannah, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 1315. By Representatives Powell of the 23rd, Hudson of the 156th, Ray of the 128th and McCall of the 90th:

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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 a special license plate honoring the Future Farmers of America; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1316. By Representatives Byrd of the 170th, Twiggs of the 8th, Callaway of the 81st and Stokes of the 92nd:
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 a special license plate honoring the Thanks Mom and Dad Fund; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1317. By Representatives Sims of the 167th, Boggs of the 168th, Stokes of the 92nd and Snow of the 2nd:
A BILL to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for definitions; to provide that it shall be unlawful for any person to load, unload, or transport any nonambulatory livestock that has not been humanely euthanized except under certain conditions and for certain purposes; to require humane handling and humane euthanization of certain nonambulatory livestock; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HB 1318. By Representatives Rogers of the 20th, Smith of the 12th, Shanahan of the 10th, Snow of the 2nd and Coleman of the 142nd:
A BILL to amend Code Section 34-9-201 of the Official Code of Georgia Annotated, relating to the selection of a physician from a panel of physicians,

MONDAY, FEBRUARY 11, 2002

529

so as to authorize an employer to schedule a medical appointment for an employee with an authorized treating physician; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1319. By Representatives Wiles of the 34th, Ehrhart of the 36th and Massey of the 86th:
A BILL to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any property for the construction of an electric transmission line without the issuance of a certificate of public convenience and necessity by the Public Service Commission; and for other purposes.

Referred to the Committee on Judiciary.

HB 1320. By Representatives Bordeaux of the 151st, Wiles of the 34th, Dix of the 76th and Benfield of the 67th:
A BILL to amend Code Section 9-10-150 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, so as to provide for continuances from appellate courts and clarify an attorney's duties; and for other purposes.

Referred to the Committee on Judiciary.

HB 1321. By Representatives Westmoreland of the 104th, Royal of the 164th, Buck of the 135th, Ehrhart of the 36th and Kaye of the 37th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of ad valorem taxation of property, so as to provide that an owner of property devoted to bona fide agricultural purposes who is age 65 or older and who has maintained the property for bona fide agricultural purposes for a ten-year covenant period

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may qualify for preferential assessment if such owner enters into a renewal covenant for a period of three years; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1322. By Representatives Golick of the 30th, Shaw of the 176th, Wix of the 33rd, Morris of the 155th and Harbin of the 113th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer who is 62 years or older shall not include an amount equal to the amount expended by such taxpayer for premiums for long-term care insurance for a qualifying family member; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1323. By Representatives Mueller of the 152nd, Sinkfield of the 57th, Manning of the 32nd, Pelote of the 149th and Benfield of the 67th:
A BILL to revise laws relating to persons who may give consent for or receive information about a minor; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to define parent to include any person temporarily standing in loco parentis for a minor under his or her care; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the definition of the term "parent"; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence; to amend Title 31 of the Official Code of Georgia Annotated, relating to health; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic; and for other purposes.

Referred to the Committee on Children & Youth.

HB 1324. By Representatives Shaw of the 176th, Lord of the 121st, Dodson of the 94th, Harbin of the 113th and Golick of the 30th:

MONDAY, FEBRUARY 11, 2002

531

A BILL to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide an exception for retailers that sell consumer products and wholly owned subsidiaries of such retailers that assume the risk of an expense or portion thereof for the cost of repair or replacement of such consumer products under certain circumstances; and for other purposes.

Referred to the Committee on Insurance.

HB 1325. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Maddox of the 72nd:
A BILL to amend an Act creating the State Court of Henry County, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.

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

HB 1326. By Representatives Cash of the 108th, Sanders of the 107th, Lunsford of the 109th and Maddox of the 72nd:
A BILL to amend an Act creating the State Court of Henry County, so as to provide for an additional judge for said court; to provide for the election of the judges of said court; to provide for a chief judge; to change the provisions relating to the election of the solicitor-general of said court; and for other purposes.

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

HB 1327. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Maddox of the 72nd:
A BILL to amend an Act providing for a new Board of Commissioners of Henry County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 1328. By Representatives Buck of the 135th, Royal of the 164th, Smith of the 175th, McBee of the 88th, Skipper of the 137th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to state income taxation, so as to provide for technical corrections and modifications; to change certain provisions regarding definitions; to change certain provisions regarding computation; to change certain provisions regarding taxation of nonresidents' income; to change certain provisions regarding conditions for allocating certain income; to change certain provisions regarding income tax credits; to change certain provisions regarding confidentiality of tax information; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding the Georgia Higher Education Savings Plan; and for other purposes.
2/8/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1328. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 135
Referred to the Committee on Ways & Means.
HB 1329. By Representative Buck of the 135th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is authorized to participate in the bingo operations thereof; and for other purposes.

MONDAY, FEBRUARY 11, 2002

533

Referred to the Committee on Industry.
HB 1330. By Representative Poag of the 6th:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that it shall be unlawful for any member of the General Assembly or other elected or appointed official to communicate with the Board of Corrections or the Department of Corrections on behalf of any person under the jurisdiction of the board; to provide that it shall be unlawful for any member of the General Assembly or other elected or appointed official to communicate with the State Board of Pardons and Paroles on behalf of any person under the jurisdiction of the board; and for other purposes
Referred to the Committee on State Institutions & Property.
HB 1331. By Representatives Amerson of the 7th, Pinholster of the 15th, Forster of the 3rd, Joyce of the 1st, Snow of the 2nd and others:
A BILL to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize counties and municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises to permit and regulate the Sunday sale of malt beverages and wine for consumption on the premises in certain licensed establishment if approved by referendum; and for other purposes.
Referred to the Committee on Regulated Beverages.
HB 1332. By Representative Cash of the 108th:
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 the membership of the board of trustees of county law libraries; to provide that excess funds collected for such libraries may be used to provide a law library for a judge

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of the state court, the district attorney of the judicial circuit, or the solicitorgeneral of the state court; and for other purposes.

Referred to the Committee on Judiciary.

HB 1333. By Representatives Snow of the 2nd and Joyce of the 1st:
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 repeal Code Section 36-5-23, relating to salary of county commissioner in counties having a population of not less than 56,400 or more than 60,000; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1334. By Representatives Burmeister of the 114th and DeLoach of the 119th:
A BILL to amend an Act providing for the consolidation of the governments of Richmond County and the City of Augusta, now known as Augusta, Georgia, so as to create legislative and executive branches of government for the consolidated government of Augusta, Georgia; to provide that the mayor shall be the head of the executive branch and the mayor pro tempore shall be the head of the legislative branch; to remove the mayor from the commission; and for other purposes.

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

HB 1335. By Representatives Jenkins of the 110th, Day of the 153rd, Lane of the 146th, Coleman of the 142nd, Walker of the 141st and others:
A BILL to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; and for other purposes.

Referred to the Committee on Governmental Affairs.

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535

HR 1073. By Representatives Buck of the 135th and Royal of the 164th: A RESOLUTION proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such building projects; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1074. By Representatives Greene of the 158th, Stallings of the 100th, Houston of the 166th, Skipper of the 137th, Walker of the 141st and others: A RESOLUTION creating the Joint Local Assistance Road Program Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 1075. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and O'Neal of the 139th: A RESOLUTION authorizing the conveyance of certain state owned real property located in Houston County, in exchange for certain other property in Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 1076. By Representative Poag of the 6th: A RESOLUTION designating the Bernita C. Harris Highway; and for other purposes.
Referred to the Committee on Transportation.

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HR 1077. By Representatives Drenner of the 66th, Turnquest of the 73rd, Benfield of the 67th, Stokes of the 92nd, Borders of the 177th and others:
A RESOLUTION urging the Board of Commissioners of DeKalb County and the Board of Commissioners of Fulton County to pursue sustainable energy and establish pilot projects to produce energy from resources available at county landfills; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1078. By Representatives Sims of the 167th and Murphy of the 18th:
A RESOLUTION designating the DeWayne King, USMC, Memorial Bridge; and for other purposes.
Referred to the Committee on Transportation.
HR 1079. By Representative Williams of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a sales and use tax of 1 percent in each county in this state, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; and for other purposes.
2/8/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1079. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Williams District 5

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537

Referred to the Committee on Ways & Means.

HR 1080. By Representatives Henson of the 65th, Manning of the 32nd, Drenner of the 66th and Harbin of the 113th:
A RESOLUTION urging CSX Railroad to spruce up the appearance of its properties and rights of way and to encourage it to forever eliminate the blight that unkempt property brings to our state; and for other purposes.

Referred to the Committee on Transportation.

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

HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301 HB 1302 HB 1303 HB 1304 HB 1305 HB 1306

HB 1307 HB 1308 HB 1309 HB 1310 HB 1311 HB 1312 HB 1313 HB 1314 HR 1069 HR 1070 SB 191 SB 321

Pursuant to Rule 52, Representative Everett of the 163rd moved that the following Bill of the House be engrossed:

HB 1297. By Representatives Everett of the 163rd, Bridges of the 9th, Pelote of the 149th, Poag of the 6th, James of the 140th and others:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate grits as the official prepared food of the State of Georgia; and for other purposes.

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JOURNAL OF THE HOUSE

The motion prevailed.

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:

HB 1312. By Representatives Borders of the 177th, Buck of the 135th, Smith of the 175th, Black of the 178th, Shaw of the 176th and others:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

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

Allen N Amerson
Anderson Y Ashe N Bannister
Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers

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

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

N O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D E Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw

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

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

MONDAY, FEBRUARY 11, 2002

N Hines Y Holland
Holmes Y Houston Y Howard N Hudgens

N Millar N Mills Y Mobley Y Morris
Mosley N Mueller

Y Sholar Sims
Y Sinkfield Y Skipper
Smith, B

On the motion the ayes were 91, nays 62. The motion prevailed.

539
Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

Pursuant to Rule 52, Representative Birdsong of the 123rd moved that the following Bill of the House be engrossed:

HB 1313. By Representatives Birdsong of the 123rd and Buck of the 135th:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; and for other purposes.

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

HB 1276 Do Pass, as Amended HB 1277 Do Pass

HB 1281 Do Pass HB 1290 Do Pass

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

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 11, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

HB 1068 HB 1078 HB 1142 HB 1216 HB 1221 HR 140
HR 949

High school diplomas; issue to certain veterans Industrial life insurance; notice of cancellation requirements Victim compensation; amend provisions Georgia Veterans Memorial Cemetery; renaming Taxation; certain refunds or past due taxes; interest rate Family owned farm entities; preferential assessment; certain property CA Bartow County; convey property

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

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

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1276. By Representative Channell of the 111th:
A BILL to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The following Committee amendment was read and adopted:

MONDAY, FEBRUARY 11, 2002

541

The Committee on State Planning and Community Affairs - Local Legislation moves to amend HB 1276 by striking "Lanier" in line 20 on page 2 and inserting in lieu thereof "Oglethorpe".

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

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

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

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

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

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
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
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 0.

542

JOURNAL OF THE HOUSE

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

HB 1277. By Representative Channell of the 111th:
A BILL to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to revise the education districts for the election 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.

HB 1281. By Representatives Golick of the 30th, Wix of the 33rd, Manning of the 32nd, Parsons of the 40th, Franklin of the 39th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.

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

HB 1290. By Representatives O'Neal of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A BILL to amend an Act to reconstitute the Board of Education of Houston County, so as to provide for the filling of vacancies on the Board of Education of Houston County; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 11, 2002

543

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

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

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

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
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
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 159, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

Mr. Speaker:

544

JOURNAL OF THE HOUSE

The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 356. By Senator Brown of the 26th:
A BILL to be entitled an Act to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing copy of records to patient or provider, so as 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 for related matters; to repeal conflicting laws; and for other purposes.
SB 358. By Senators Mullis of the 53rd, Bowen of the 13th, Blitch of the 7th, Williams of the 6th, James of the 35th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 25 of the O.C.G.A., relating to regulation of fire extinguishers and suppression systems, so as to change the powers and authority of the Commissioner with regard to licensees or permittees who violate the provisions of such chapter, rules and regulations of the Commissioner, and order and notices of the Commissioner; to change the grounds for suspension, revocation, and refusal to issue, renew, or continue licenses and permits; to authorize the Commissioner to impose fines for violations of such chapter; to authorize the Commissioner to place licensees or permittees on probation under such reasonable terms and conditions as the Commissioner may determine; to repeal conflicting laws; and for other purposes.
SB 370. By Senators Ragan of the 11th, Streat of the 19th, James of the 35th and Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to change the definition of dead animals that are subject to such chapter; to prohibit certain conduct; to change the provisions relating to the disposal of dead animals and the requirement related thereto; to regulate the hauling or transportation of dead animals; to provide for permits; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 11, 2002

545

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

SB 356. By Senator Brown of the 26th:
A BILL to be entitled an Act to amend Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to furnishing copy of records to patient or provider, so as 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 for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 358. By Senators Mullis of the 53rd, Bowen of the 13th, Blitch of the 7th, Williams of the 6th, James of the 35th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 25 of the O.C.G.A., relating to regulation of fire extinguishers and suppression systems, so as to change the powers and authority of the Commissioner with regard to licensees or permittees who violate the provisions of such chapter, rules and regulations of the Commissioner, and order and notices of the Commissioner; to change the grounds for suspension, revocation, and refusal to issue, renew, or continue licenses and permits; to authorize the Commissioner to impose fines for violations of such chapter; to authorize the Commissioner to place licensees or permittees on probation under such reasonable terms and conditions as the Commissioner may determine; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 370. By Senators Ragan of the 11th, Streat of the 19th, James of the 35th and Butler of the 55th:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to change the definition of dead animals that are subject to such chapter; to prohibit certain conduct; to change the provisions relating to the disposal of dead animals and the requirement related thereto; to regulate the hauling or transportation of dead animals; to provide for permits; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

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

Representative Buck of the 135th moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Ways & Means:

HB 179. By Representatives Birdsong of the 123rd, Buck of the 135th, Skipper of the 137th, Cummings of the 27th, Jamieson of the 22nd and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; and for other purposes.
The motion prevailed.

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 1216. By Representatives Birdsong of the 123rd, Walker of the 141st, Skipper of the 137th, Smyre of the 136th, Connell of the 115th and others:
A BILL to amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, so as

MONDAY, FEBRUARY 11, 2002

547

to change its name to the Georgia Veterans Memorial Cemetery; and for other purposes

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

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

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner 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 Hudson, S
Hugley E 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller

Y O'Neal Orrock
Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

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

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JOURNAL OF THE HOUSE

Representative 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 1078. By Representatives Hugley of the 133rd, Heard of the 89th, Lord of the 121st, Stanley of the 49th and Taylor of the 134th:
A BILL to amend Chapter 26 of Title 33 of the Official Code of Georgia Annotated, relating to industrial life insurance, so as to provide that policyholders who are 65 years of age and older shall have the option to provide an additional contact person who shall be notified by the insurer prior to the lapse, termination, or cancellation of any industrial life insurance policy in the same manner as the policyholder; and for other purposes.

The following amendment was read and adopted:

Representative Scott of the 165th moves to amend HB 1078 as follows: Page 2 line 28 add the word "industrial" before the words "whole life policies".

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux
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, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague

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, FEBRUARY 11, 2002

N Franklin Y Gardner 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 Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Rice Y Richardson Y Roberts, D E 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

549
Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1068. By Representatives Stephens of the 150th, Reece of the 11th, Cash of the 108th, Houston of the 166th, Jamieson of the 22nd 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 shall issue high school diplomas to certain veterans who failed to receive diplomas due to an interruption of their education by service in the Korean Conflict or the Vietnam Conflict; and for other purposes.

The following amendment was read and withdrawn:

Representative Stephens of the 150th moves to amend HB 1068 by inserting before the period on line 16 of page 1 the following:
"and who have retired from active employment".

550

JOURNAL OF THE HOUSE

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

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

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

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner 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 E 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 Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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

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

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

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.

MONDAY, FEBRUARY 11, 2002

551

Due to a mechanical malfunction, the vote of Representative Smith of the 175th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 949. By Representative Cummings of the 27th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County; and for other purposes.

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

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

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

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

Y Hudson, N Y Hudson, S Y Hugley E 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R

552
Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holmes Y Houston Y Howard Y Hudgens

Y Mobley Y Morris Y Mosley Y Mueller

Y Sinkfield Y Skipper Y Smith, B

Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 166, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Seay of the 93rd 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 140. By Representatives Buck of the 135th, Royal of the 164th, Channell of the 111th, Sims of the 167th, Stanley of the 50th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for additional types of family owned farm entities which can qualify to receive the preferential assessment for property which is devoted to bona fide agricultural purposes; and for other purposes.

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

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

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Dix Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin

Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier

Y O'Neal Orrock
Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper

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

MONDAY, FEBRUARY 11, 2002

Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines E Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller

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

553
Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1142. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL 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 victim compensation awards, maximum amounts allowed, types of awards authorized, and effective date of awards; to increase the fee charged to probationers; and for other purposes.

The following amendment was read:

Representative Callaway of the 81st moves to amend HB 1142 as follows:
by striking on page 3 lines 18 and 22 the number "$9.00" and inserting the number "$12.00".

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

554
Allen Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Benfield
Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck E Buckner Y Bulloch N Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash N Channell N Childers
Coan Y Coleman, B
Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

On the adoption of the amendment, the ayes were 61, nays 95. The amendment was lost.

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

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.

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

MONDAY, FEBRUARY 11, 2002

555

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

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

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

Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal
Sailor Sanders Y Scheid Y Scott 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Connell of the 115th 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 1221. By Representatives Jennings of the 63rd, Snelling of the 99th, Cummings of the 27th, Graves of the 125th, Buck of the 135th and others:

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A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration regarding revenue and taxation, so as to change the rate of interest paid with respect to certain refunds and certain past due taxes; and for other purposes.

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

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

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

Y Cox Y Crawford Y Cummings Y Davis Y Day 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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines E Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson 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 Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal
Sailor Sanders Y Scheid Y Scott 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

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

MONDAY, FEBRUARY 11, 2002

557

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1150 Do Pass
Respectfully submitted, /s/ Ray of the 128th
Chairman
Representative Parrish of the 144th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1176 Do Pass, by Substitute
Respectfully submitted, /s/ Parrish of the 144th
Chairman
Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:

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Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 492 Do Pass, by Substitute HB 1136 Do Pass HB 1238 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
Chairman

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

Mr. Speaker:

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

HB 210 Do Pass, by Substitute HB 227 Do Pass, by Substitute

HB 488 Do Pass, by Substitute HB 557 Do Pass, by Substitute

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

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

MONDAY, FEBRUARY 11, 2002

559

HR 831 Do Pass HR 947 Do Pass HR 1071 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1187 Do Pass HB 1188 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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Representative Hall, Atlanta, Georgia Tuesday, February 12, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Dr. Joseph L. Roberts, Jr., Pastor, Ebenezer 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.

TUESDAY, FEBRUARY 12, 2002

561

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1336. By Representatives Richardson of the 26th and Murphy of the 18th:
A BILL to amend an Act to provide for the election of the members of the Paulding County Board of Education, so as to revise the districts for the election of members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1337. By Representatives Sholar of the 179th, Royal of the 164th, Byrd of the 170th, Smith of the 12th, Pinholster of the 15th and others:
A BILL to amend Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the protection of American Indian human remains and burial objects, so as to provide that the Council on American Indian Concerns may impose a civil penalty under certain circumstances; to provide that the Governor may consult all Indian tribes recognized by general law for recommendations on membership to such council; to change the membership of such council; to provide for additional powers and duties of such council; to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the department of archives and history, so as to repeal certain duties of such department relating to Indian affairs and the preservation of Indian culture and heritage; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1338. By Representatives Boggs of the 168th, Bordeaux of the 151st, Reichert of the 126th, Walker of the 141st, Jenkins of the 110th and others:
A BILL to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeiture of certain contraband property, so as to change certain provisions relating to exemptions; and for other purposes.

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Referred to the Committee on Special Judiciary.
HB 1339. By Representatives McKinney of the 51st, Dean of the 48th, Brooks of the 54th, Stanley of the 50th and Stanley of the 49th:
A BILL to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to provide for a technical correction with respect to certain provisions regarding the establishment of such courts; to revise and change the census application; to redesignate the position of director as city court administrator; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1340. By Representatives Cooper of the 31st, Hines of the 38th, Franklin of the 39th, Manning of the 32nd, Kaye of the 37th and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1341. By Representatives Cooper of the 31st, Hines of the 38th, Franklin of the 39th, Manning of the 32nd, Kaye of the 37th and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 12, 2002

563

HB 1342. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Jamieson of the 22nd, Ashe of the 46th and others:
A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook; and for other purposes.
Referred to the Committee on Education.
HB 1343. By Representatives Burkhalter of the 41st, Walker of the 141st, Campbell of the 42nd, Jamieson of the 22nd and Ashe of the 46th:
A BILL to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to littering public or private property or waters, so as to change certain provisions relating to punishment for violations; to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road; to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1344. By Representatives Pinholster of the 15th, Childers of the 13th, Westmoreland of the 104th and Walker of the 141st:
A BILL to state a general intent to eliminate the future "sunset" of certain provisions relating to Code Section 43-34-45.1 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Medicine Health Care Act"; to amend an Act amending Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to repeal provisions of such Act which provided for a future repeal or sunset of the "Georgia Volunteers in Medicine Health Care Act"; and for other purposes.

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Referred to the Committee on Health & Ecology.
HB 1345. By Representatives Cummings of the 27th and Shanahan of the 10th: A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that each local retirement system shall adopt written guidelines and procedures for the investment of retirement system assets; to provide requirements for such guidelines; to provide for a waiver of the minimum funding standards for local retirement systems in cases of severe hardship; and for other purposes.
Referred to the Committee on Retirement.
HB 1346. By Representatives Cummings of the 27th and Shanahan of the 10th: A BILL to amend Code Section 47-1-14 of the Official Code of Georgia Annotated, relating to the exemption of retirement system records from public inspection, so as to provide that such Code section shall apply to an association of like political subdivisions the purpose of which is the pooling of funds for retirement or pension purposes; and for other purposes.
Referred to the Committee on Retirement.
HB 1347. By Representative Anderson of the 116th: A BILL to amend an Act creating the board of commissioners of Burke County, so as to reapportion the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1348. By Representatives Burkhalter of the 41st, Campbell of the 42nd and Wilkinson of the 43rd:

TUESDAY, FEBRUARY 12, 2002

565

A BILL to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and number of members of the library board of trustees; and for other purposes.

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

HB 1349. By Representative Joyce of the 1st:
A BILL to provide for a homestead exemption from certain Walker 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 1350. By Representatives Channell of the 111th, Childers of the 13th, Coleman of the 142nd, Parrish of the 144th and Henson of the 65th:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Community Health to award grants, as funds become available, to rural hospitals for public health purposes; to provide for the Department of Community Health to promulgate rules and regulations for effective administration of such grants; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1351. By Representative Joyce of the 1st:
A BILL to provide for a homestead exemption from certain Walker 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.

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HB 1352. By Representative Childers of the 13th:
A BILL to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, acupuncture, and respiratory care, so as to provide for the supervision of physician's assistants by a physician; to provide definitions; to require notice to the Composite State Board of Medical Examiners of the names of physicians who serve as alternate supervising physicians for each physician's assistance; and for other purposes.
Referred to the Committee on Health & Ecology.
HB 1353. By Representative Parham of the 122nd:
A BILL 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 drivers' duty to exercise due care and the allowance of proper use of radios and mobile telephones; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1354. By Representatives Broome of the 160th, Sholar of the 179th, Greene of the 158th, Lanier of the 145th, Drenner of the 66th and others:
A BILL to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to provide that any state officer or employee may purchase products manufactured by the industries; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1355. By Representatives Broome of the 160th, Greene of the 158th, Brown of the 130th, Buck of the 135th and McCall of the 90th:

TUESDAY, FEBRUARY 12, 2002

567

A BILL to amend Code Section 12-5-30 of the Official Code of Georgia Annotated, relating to permits for the construction, modification, or operation of facilities which discharge pollutants into waters and permits for the discharge of dredged or fill material into waters and wetlands, so as to provide that no such permit shall be issued, renewed, or modified for certain entities unless the discharge point is upstream from any water intake points permitted to such entity; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1356. By Representative Barnard of the 154th:
A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to provide for new districts for members of the board; and for other purposes.

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

HB 1357. By Representatives Millar of the 59th, Watson of the 70th, Drenner of the 66th, Jennings of the 63rd, Benfield of the 67th and others:
A BILL to amend an Act providing for a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase-in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to eliminate the income limitation; to authorize senior citizens who are 65 years of age or older to qualify for such exemption; and for other purposes.

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

HB 1358. By Representative Lanier of the 145th:
A BILL to amend an Act to reconstitute the Board of Education of Candler County, so as to revise the districts for the election of members of the board of education; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 1359. By Representative Shaw of the 176th: A BILL to amend an Act creating a new board of education of Lanier County, so as to revise the education districts for the election of members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1360. By Representative Shaw of the 176th: A BILL to amend an act creating a board of commissioners for Lanier County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1361. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A BILL 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 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 enforcement; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1362. By Representative Cox of the 105th: A BILL to provide a new city charter for Peachtree City; and for other purposes.

TUESDAY, FEBRUARY 12, 2002

569

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1363. By Representative Floyd of the 138th: A BILL to amend an Act creating the Board of Commissioners of Dooly County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1081. By Representatives Stephens of the 150th, Day of the 153rd, Skipper of the 137th, Walker of the 141st, Hanner of the 159th and others: A RESOLUTION designating a portion of SR 307 as the Sonny Dixon Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 1082. By Representatives Smith of the 103rd, Westmoreland of the 104th, Brown of the 130th and Yates of the 106th: A RESOLUTION designating the "Ellis Arnall Highway"; and for other purposes.
Referred to the Committee on Transportation.
HR 1083. By Representatives Harrell of the 62nd, Orrock of the 56th, Drenner of the 66th, Benfield of the 67th, Manning of the 32nd and others: A RESOLUTION creating the House Study Committee on Prescription Drug Addiction; and for other purposes.
Referred to the Committee on Rules.

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

HB 1315 HB 1316 HB 1317 HB 1318 HB 1319 HB 1320 HB 1321 HB 1322 HB 1323 HB 1324 HB 1325 HB 1326 HB 1327 HB 1328 HB 1329 HB 1330

HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HR 1073 HR 1074 HR 1075 HR 1076 HR 1077 HR 1078 HR 1079 HR 1080 SB 356 SB 358 SB 370

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:

HB 1328. By Representatives Buck of the 135th, Royal of the 164th, Smith of the 175th, McBee of the 88th, Skipper of the 137th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to state income taxation, so as to provide for technical corrections and modifications; to change certain provisions regarding definitions; to change certain provisions regarding computation; to change certain provisions regarding taxation of nonresidents' income; to change certain provisions regarding conditions for allocating certain income; to change certain provisions regarding income tax credits; to change certain provisions regarding confidentiality of tax information; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding the Georgia Higher Education Savings Plan; and for other purposes.

TUESDAY, FEBRUARY 12, 2002

571

The motion prevailed.

Pursuant to Rule 52, Representative Williams of the 5th moved that the following Resolution of the House be engrossed:

HR 1079. By Representative Williams of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a sales and use tax of 1 percent in each county in this state, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; and for other purposes.

The motion prevailed.

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
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 1294 Do Pass HB 1309 Do Pass

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

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 12, 2002

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Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 838

Veterans Parkway; designate

DEBATE CALENDAR

HB 357 HB 765
HB 1048 HB 1169 HB 1205 HB 1210 HB 1236 HR 909

Magistrate courts; training requirements; certain magistrates Teachers Retirement; creditable service; early childhood development service Shore protection; motor vehicles or watercraft on sand dunes; prohibit Municipal courts; misdemeanors; trials; accusation or citation North Georgia College; abandoned military scholarships Child abuse; access to records by child-caring and child-placing agencies Public officers and employees; certain military duty; additional pay Animal and Dairy Science Complex, UGA; urge name honoring Edgar L. Rhodes

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 1294. By Representative Sims of the 167th:
A BILL to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), so as to change the description of the commissioner districts; and for other purposes.

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573

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1309. By Representative Skipper of the 137th:
A BILL to amend an Act providing for districts for the election of the Sumter County Board of Education, so as to change provisions relating to education districts for the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 329. By Senators Hecht of the 34th, Starr of the 44th and Seabaugh of the 28th:
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 an incentive for unusually experienced, well-educated, and talented teachers and principals to serve low-performing schools; to provide a short title; to provide for legislative findings; to provide definitions; to provide for a salary increase for certain teachers and principals; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 329. By Senators Hecht of the 34th, Starr of the 44th and Seabaugh of the 28th:
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 an incentive for unusually experienced, well-educated, and talented teachers and principals to serve low-performing schools; to provide a short title; to provide for legislative findings; to provide definitions; to provide for a salary increase for certain teachers and principals; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
Representative Jackson of the 112th arose to a point of personal privilege and addressed the House.
Representative Amerson of the 7th arose to a point of personal privilege and addressed the House.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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;

TUESDAY, FEBRUARY 12, 2002

575

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 Jamieson of the 22nd moved that the House insist on its position in substituting SB 291.
The motion prevailed.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1096 Do Pass SB 347 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1285 Do Pass HR 956 Do Pass HR 1045 Do Pass

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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:

HR 909. By Representatives Murphy of the 18th, Walker of the 141st, Stallings of the 100th, McBee of the 88th, Heard of the 89th and others:
A RESOLUTION urging the Board of Regents to name the Animal and Dairy Science Complex at the University of Georgia in honor of Edgar L. Rhodes; and for other purposes.

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

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

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

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

Y Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B 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 Y Lucas Y Lunsford Y Maddox

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

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

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

TUESDAY, FEBRUARY 12, 2002

Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

577
Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Buckner of the 95th would like to be recorded as voting "aye" on HR 909.

Representatives Reece of the 11th and Rogers of the 20th 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 838. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A RESOLUTION designating the Veterans Parkway; 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 Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B

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

Y O'Neal 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

578
Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner 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 Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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 Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor Teague Y Teper Y Tillman Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Rogers of the 20th 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 357. By Representatives McBee of the 88th and Campbell of the 42nd:
A BILL to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to clarify training requirements for certification of magistrates who are active members of the State Bar of Georgia; and for other purposes.

The following Committee substitute was read and adopted:

TUESDAY, FEBRUARY 12, 2002

579

A BILL
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to clarify training requirements for certification of magistrates who are active members of the State Bar of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-137, relating to training requirements for certified magistrates, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) Notwithstanding any other provision of this article, any magistrate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by subsection (b) of this Code section but shall be required to complete the mentor program of subsection (b.1) of this Code section within 12 months of taking office as magistrate and the annual training required by subsection (c) of this Code section, commencing with the first full calendar year following the year in which such a magistrate takes office."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

Hudson, N 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 O'Neal 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 Stanley

580
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
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 E Floyd Y Forster Y Franklin Y Gardner 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 Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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 Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman
Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Rogers of the 20th 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 1236. By Representatives Williams of the 5th, Birdsong of the 123rd, Hammontree of the 4th, Johnson of the 35th, Manning of the 32nd and others:
A BILL to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change certain provisions relating to pay for 18 days and emergency pay; to authorize counties, municipalities, and other political subdivisions to provide pay for its public officers and employees during extended periods of service; and for other purposes.

TUESDAY, FEBRUARY 12, 2002

581

Pursuant to Rule 134, Representative Smith of the 19th was excused from voting on HB 1236.

The report of the Committee, which was favorable to the 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 Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 Channell Y Childers Y Coan Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner 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
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
Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes 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 Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

582

JOURNAL OF THE HOUSE

Representatives Burkhalter of the 41st, Manning of the 32nd, Reece of the 11th 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.
Due to a mechanical malfunction, the vote of Representative Barnard of the 154th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1048. By Representatives Keen of the 174th, Buck of the 135th, DeLoach of the 172nd, Tillman of the 173rd and Mueller of the 152nd:
A BILL to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to shore protection, so as to provide that it shall be a violation to operate a motor vehicle over sand dunes or to store certain watercraft on sand dunes; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to shore protection, so as to provide that it shall be a violation to operate a motor vehicle over sand dunes or to store certain watercraft on sand dunes; to provide for the protection of nesting sea turtles and shore birds and their hatchlings and habitats; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to shore protection, is amended by striking Code Section 12-5-248, relating to criminal violations, and inserting in lieu thereof the following:
"12-5-248. (a) It shall be unlawful for any person to:
(1) Operate any motorized vehicle or other motorized machine on, over, or across the dynamic dune field sand dunes or beaches except as authorized by the permit-issuing authority, except that individual disability vehicles, emergency vehicles, and governmental vehicles utilized for beach maintenance or research may operate within

TUESDAY, FEBRUARY 12, 2002

583

the dynamic dune field sand dunes and beaches without authorization from the permit-issuing authority as long as those vehicles operate across existing cross-overs, paths, or drives; or (2) Store or park sailboats, catamarans, or other commercial or recreational marine craft in on any dynamic dune field sand dune. (b) All such lawful activities conducted under this part shall provide protection to nesting sea turtles and their hatchlings and habitats and to nesting shore birds and their hatchlings and habitats. (b)(c) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree

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

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal

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

584
Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

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

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

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

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

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

HR 1084. By Representative Bell of the 25th:
A RESOLUTION commending the Dynamite Dolls Competition Clogging Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

The Speaker Pro Tem assumed the Chair.

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

HB 1205. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:

TUESDAY, FEBRUARY 12, 2002

585

A BILL to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College Military Scholarships, so as to change the manner in which the remainder of abandoned scholarships is awarded; and for other purposes.

The following amendment was read:

Representative Franklin of the 39th moves to amend HB 1205 as follows:
Restore on line 25 of page 1 after "scholarship" the following:
"and they shall be selected from current members of the college Corps of Cadets at large".

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 Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges
Brooks N Broome N Brown N Buck N Buckner N Bulloch
Bunn N Burkhalter Y Burmeister N Byrd Y Callaway N Campbell N Cash N Channell N Childers

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

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

Y O'Neal Orrock
N Parham N Parrish N Parsons N Pelote N Pinholster N Poag N Porter N Powell N Purcell N Ragas
Randall N Ray N Reece N Reed N Reichert N Rice Y Richardson Y Roberts, D E Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw

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

586
Y Coan Coleman, B
N Coleman, T Y Collins
Connell N Cooper

JOURNAL OF THE HOUSE

Y Hines N Holland N Holmes N Houston N Howard N Hudgens

Y Millar E Mills N Mobley
Morris N Mosley Y Mueller

N Sholar N Sims
Sinkfield N Skipper Y Smith, B

Y Williams, J N Williams, R
Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 29, nays 120. The amendment was lost.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R
Wix Y Yates
Murphy, Speaker

TUESDAY, FEBRUARY 12, 2002

587

On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 1205 was ordered immediately transmitted to the Senate.
HB 765. By Representative James of the 140th:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain creditable service for prior service with certain programs relating to early childhood development; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain creditable service for prior service with certain programs relating to early childhood development; to provide conditions relative to obtaining such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by inserting at the end thereof the following:
"47-3-93. (a) Any member may, subject to the requirements of subsection (b) of this Code section, obtain creditable service under the retirement system for any period between January 1, 1977, and December 31, 1980, during which the member was employed by

588

JOURNAL OF THE HOUSE

a nonprofit corporation under contract with a state agency in a program wholly or partially funded by a state or federal grant and which had as its purpose facilitating early childhood development and during which period the member held a four-year degree from an accredited college or university. (b) A member who desires to establish creditable service under this Code section must:
(1) Submit to the board not later than July 1, 2003, satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board the employer and employee contributions which would have been made had he or she been a member of the retirement system, together with interest thereon at the rate of 5 percent per annum to the date of payment."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Mills of the 21st moves to amend the Committee substitute to HB 765 by striking lines 1 through 3 of page 2 and inserting in lieu thereof the following:
"(2) Pay to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system.'"

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 Benfield Y Birdsong Y Black Y Boggs 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

TUESDAY, FEBRUARY 12, 2002

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

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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

589
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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

590

JOURNAL OF THE HOUSE

HR 831. By Representative Cooper of the 31st:
A RESOLUTION recognizing and commending the Wheeler High School newspaper staff and inviting them to appear before the House of Representatives; and for other purposes.

HR 947. By Representative Wilkinson of the 43rd:
A RESOLUTION commending and inviting the Georgia State University Law School Moot Court Team to appear before the House of Representatives;

HR 956. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Buck of the 135th, Smyre of the 136th and others:
A RESOLUTION commending Earnest Dixon, Jr., the winner of the 2001 Georgia Occupational Award of Leadership and inviting him to appear before the House of Representatives; and for other purposes.

HR 1045. By Representative Jamieson of the 22nd:
A RESOLUTION inviting William J. "Wild Bill" Guarnere to appear before the House of Representatives; and for other purposes.

HR 1071. By Representatives Buckner of the 95th, Dodson of the 94th, Barnes of the 97th, Seay of the 93rd, Jordan of the 96th and others:
A RESOLUTION inviting Jama Kirkland to appear before the House of Representatives; and for other purposes.

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

HB 1169. By Representatives Snow of the 2nd and Holland of the 157th:
A BILL to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts generally, so as to provide

TUESDAY, FEBRUARY 12, 2002

591

that misdemeanor offenses or ordinance violations tried in municipal courts may be tried upon a citation or an accusation; to amend Code Section 17-771, relating to trial of misdemeanors upon accusations, trial of misdemeanor motor vehicle violations upon citations, form and contents of accusations, amendment and service of accusations, and continuances, so as to change certain provisions relating to use of accusations in misdemeanor cases; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B E Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree Y Henson
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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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 Stanley Y Stanley-Turner Y Stephens N Stokes 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 N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 161, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1210. By Representatives Sinkfield of the 57th, Taylor of the 134th, Hugley of the 133rd, Anderson of the 116th, Smith of the 19th and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to permit licensed child-caring and child-placing agencies and court appointed independent investigators with responsibility for placing children in homes for foster care or adoption access to records of child abuse; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to permit licensed child-placing agencies, licensed child-caring institutions assisting the Department of Human Resources to provide foster or adoptive homes for children in the departments custody, or court appointed investigators investigating pending adoption petitions to have access to records of child abuse; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking paragraph (2) of subsection (c) of Code Section 49-5-41, relating to persons and agencies permitted access to records, and inserting in its place the following:
"(2) Reserved A licensed child-placing agency, a licensed child-caring institution of this state which is assisting the Department of Human Resources by locating or providing foster or adoptive homes for children in the custody of the department, or an investigator appointed by a court of competent jurisdiction of this state to investigate a pending petition for adoption;"

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593

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

The following amendment was read:

Representatives Massey of the 86th and Coan of the 82nd move to amend the Committee substitute to HB 1210 as follows:
Add a sub-paragraph (3) on line 18 to read as follows:
(3) A member of the General Assembly when acting in his or her elected capacity
Renumber accordingly.

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

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Benfield
Birdsong Y Black N Boggs N Bordeaux Y Borders Y Bridges N Brooks Y Broome N Brown N Buck N Buckner Y Bulloch N Bunn N Burkhalter N Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell N Childers

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

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

N O'Neal N Orrock N Parham
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 Reichert Y Rice Y Richardson N Roberts, D E Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snelling
Snow N Squires N Stallings N Stanley N Stanley-Turner N Stephens
Stokes 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 N Westmoreland Y Wiles Y Wilkinson Y Willard

594
Y Coan Coleman, B
N Coleman, T N Collins
Connell N Cooper

JOURNAL OF THE HOUSE

Hines N Holland N Holmes N Houston N Howard Y Hudgens

N Millar Y Mills N Mobley N Morris N Mosley Y Mueller

N Sholar Sims
N Sinkfield Skipper
Y Smith, B

On the adoption of the amendment, the ayes were 48, nays 113. The amendment was lost.

Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The Committee substitute was adopted.

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

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

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B E Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree

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 Y Manning Y Massey Y McBee Y McCall Y McClinton

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal Y 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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes 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 Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

TUESDAY, FEBRUARY 12, 2002

Henson Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Shaw Y Sholar
Sims Y Sinkfield
Skipper Y Smith, B

595
Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

Representatives Bannister of the 77th 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 Resolutions of the House were read and adopted:

HR 1088. By Representative Golick of the 30th:
A RESOLUTION celebrating the first birthday of Marshall Thomas Golick; and for other purposes.

HR 1089. By Representatives Mosley of the 171st, Smith of the 169th and Byrd of the 170th:
A RESOLUTION recognizing and commending the Honorable Aubrey Mansfield, Mayor of th city of Odum; and for other purposes.

HR 1090. By Representatives Skipper of the 137th and Murphy of the 18th:
A RESOLUTION recognizing Ringling Bros. and Barnum & Bailey as America's Living National Treasure; and for other purposes.

HR 1092. By Representatives Brooks of the 54th, Holmes of the 53rd, Teague of the 58th, Sinkfield of the 57th, Ashe of the 46th and others:

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A RESOLUTION honoring the Honorable Thelma Wyatt Cummings Moore; and for other purposes.

HR 1093. By Representatives Coleman of the 142nd and Parrish of the 144th:
A RESOLUTION recognizing and commending the Bleckley County High School cheerleading squad and its coaches; and for other purposes.

HR 1094. By Representatives Cox of the 105th, Connell of the 115th, Lewis of the 14th, Poag of the 6th, Stallings of the 100th and others:
A RESOLUTION commending Prevent Child Abuse Georgia and its 52 community based councils and recognizing Wednesday, February 13, 2002, as Child Abuse Prevention Day at the State Capitol; and for other purposes.

HR 1095. By Representatives Childers of the 13th, Reece of the 11th and Smith of the 12th:
A RESOLUTION commending Blake Weaver; and for other purposes.

HR 1096. By Representatives Ray of the 128th, Hudson of the 156th and Floyd of the 138th:
A RESOLUTION recognizing and commending the Georgia urban agriculture industry; and for other purposes.

HR 1097. By Representatives Rogers of the 20th and McBee of the 88th:
A RESOLUTION recognizing and commending Dr. Robert Sanders Williams, Dean of Duke University School of Medicine; and for other purposes.

HR 1098. By Representatives Jackson of the 148th and Pelote of the 149th:
A RESOLUTION commending Elder Ronald B. Anderson and First Lady Tia M. Anderson; and for other purposes.

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597

HR 1099. By Representatives Teague of the 58th, Brooks of the 54th, McKinney of the 51st and Sinkfield of the 57th: A RESOLUTION recognizing South Fulton County Legislative Day at the Capitol on February 19, 2002; and for other purposes.
HR 1100. By Representatives Snow of the 2nd and Joyce of the 1st: A RESOLUTION congratulating Shepherd Hills Health Care Center; and for other purposes.
HR 1101. By Representatives Shanahan of the 10th and Cox of the 105th:: A RESOLUTION commending Nikki Curry; and for other purposes.
HR 1102. By Representative Jamieson of the 22nd: A RESOLUTION commending the Center for Puppetry Arts; and for other purposes.
HR 1103. By Representatives Smith of the 91st, Hudgens of the 24th, McBee of the 88th and Heard of the 89th: A RESOLUTION commending Athens Academy on its 35th anniversary; and for other purposes.
Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1120 Do Pass

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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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 13 Do Pass, by Substitute HB 1155 Do Pass, by Substitute
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1100 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman
Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

TUESDAY, FEBRUARY 12, 2002

599

Mr. Speaker:

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

HB 1029 Do Pass HB 1109 Do Pass HB 1110 Do Pass HB 1112 Do Pass HB 1178 Do Pass

HB 1184 Do Pass HB 1192 Do Pass HB 1261 Do Pass HB 1298 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1072 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:

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JOURNAL OF THE HOUSE

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 134 Do Pass, by Substitute HB 537 Do Pass HB 852 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

Representative Royal of the 164th District, Vice-Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 1287 Do Pass HB 1288 Do Pass HB 1312 Do Pass

HB 1313 Do Pass HR 364 Do Pass, by Substitute

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

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

WEDNESDAY, FEBRUARY 13, 2002

601

Representative Hall, Atlanta, Georgia Wednesday, February 13, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Roi T. Johnson, Pastor, New Springfield Baptist Church, Greene County, 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.

602

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 1364. By Representatives Rice of the 79th, Squires of the 78th, Holland of the 157th, Watson of the 70th, Hudgens of the 24th and others:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for technology protection measures for school computers with Internet access; to provide a short title; to condition funding for electronic technology in schools on adoption of Internet safety policies; to provide for technology protection measures for public library computers with Internet access; and for other purposes.
Referred to the Committee on Education.
HB 1365. By Representatives Rice of the 79th, Squires of the 78th, Watson of the 70th, Byrd of the 170th, Hudgens of the 24th and others:
A BILL to amend Article 2 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Law, so as to create the Obscenity and Pornography Complaints Ombudsman within the department; and for other purposes.
Referred to the Committee on Judiciary.
HB 1366. By Representatives Rice of the 79th, Squires of the 78th, Watson of the 70th, Byrd of the 170th, Hudgens of the 24th and others:
A BILL to amend Code Section 16-12-80 of the Official Code of Georgia Annotated, relating to distribution of obscene material, the definition of such material, and penalties, so as to increase punishments for second and subsequent offenses; and for other purposes.
Referred to the Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 13, 2002

603

HB 1367. By Representatives Golick of the 30th, Wix of the 33rd, Johnson of the 35th, Collins of the 29th and Manning of the 32nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an exemption for sales to certain local government authorities or public corporations; and for other purposes.
2/12/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1367. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Golick District 30
Referred to the Committee on Ways & Means.
HB 1368. By Representatives Smith of the 175th, Turnquest of the 73rd, Parham of the 122nd, Ehrhart of the 36th and Dukes of the 161st:
A BILL to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for renewal of drivers' licenses upon applications submitted by means other than personal appearance before the Department of Motor Vehicle Safety; to change certain provisions relating to license requirement, surrender of prior licenses, and prohibition of local licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1369. By Representatives Boggs of the 168th, Lord of the 121st, Harbin of the 113th, Maddox of the 72nd and Shaw of the 176th:

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JOURNAL OF THE HOUSE

A BILL to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide a limited license for retail vendors of communications equipment and their employees who sell insurance coverages for the loss, theft, mechanical failure, or malfunction of or damage to communications equipment; and for other purposes.

Referred to the Committee on Insurance.

HB 1370. By Representatives Manning of the 32nd, Johnson of the 35th, Golick of the 30th, 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 provisions relating to the compensation of assistant solicitors; and for other purposes.

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

HB 1371. By Representatives Johnson of the 35th, Parsons of the 40th, Wix of the 33rd, Golick of the 30th, Manning of the 32nd and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court; and for other purposes.

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

HB 1372. By Representative Knox of the 28th:
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 remove one of the road corridors from within such system; and for other purposes.

Referred to the Committee on Transportation.

WEDNESDAY, FEBRUARY 13, 2002

605

HB 1373. By Representatives Westmoreland of the 104th, Mueller of the 152nd, Pinholster of the 15th, Ehrhart of the 36th, Cooper of the 31st and others:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that income of taxpayers who are 65 years of age or older which is from any source other than certain earned income shall not be subject to state income tax; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1374. By Representatives Buck of the 135th, Hugley of the 133rd, Taylor of the 134th, Smith of the 102nd and Roberts of the 132nd:
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 local government employees; and for other purposes.
Referred to the Committee on Judiciary.
HB 1375. By Representative Kaye of the 37th:
A BILL to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers' sales and use tax returns, so as to increase the threshold at which estimated tax liability payments are required; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1376. By Representative Everett of the 163rd:
A BILL to amend an Act creating a Board of Commissioners of Dougherty

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JOURNAL OF THE HOUSE

County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 1377. By Representatives Hanner of the 159th and Shaw of the 176th:
A BILL to amend Code Section 50-35-3 of the Official Code of Georgia Annotated, relating to the board of directors of the Georgia Environmental Training and Education Authority, compensation, and reimbursement, so as to change the membership of such authority; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1378. By Representatives Hugley of the 133rd, Taylor of the 134th, Seay of the 93rd and James of the 140th:
A BILL to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution of harmful materials to minors, so as to enact the "Violent Video Game Protection Act"; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1379. By Representatives Snelling of the 99th and Hembree of the 98th:
A BILL to amend an Act providing for election districts for the board of education of Douglas County, so as to provide for compensation of members; and for other purposes.

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

HB 1380. By Representatives Bulloch of the 180th, Walker of the 141st, Davis of the 60th, Crawford of the 129th and Stokes of the 92nd:

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607

A BILL to amend Code Section 15-14-6 of the Official Code of Georgia Annotated, relating to expense and travel allowances for court reporters, so as to provide for payment of premiums for certain programs of insurance, contracts of indemnity, or programs of self-insurance for reimbursing court reporters for certain fees and expenses; to amend Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to a program of insurance or indemnity for liability arising out of official duties and reimbursement of legal fees of public officers and employees in connection with unsuccessful criminal prosecution and professional discipline proceedings, so as to allow provision in such programs for court reporters while acting as official court reporters of superior courts; and for other purposes.

Referred to the Committee on Judiciary.

HB 1381. By Representative Everett of the 163rd:
A BILL to amend an Act creating the Dougherty County School System, so as to change the description of the education districts; and for other purposes.

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

HB 1382. By Representatives Channell of the 111th, Parrish of the 144th, Bannister of the 77th, Manning of the 32nd and McCall of the 90th:
A BILL to amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to change certain provisions relating to the duty to maintain grade crossings; to change certain provisions relating to authority of the Department of Transportation, counties, and municipalities to eliminate grade crossings; to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, so as to repeal certain provisions relating to obstructions located at crossings, disrepair of crossings, and removal of obstructions or repair of crossings by counties upon the failure of a company to remove obstructions or repair crossings; and for other purposes.

Referred to the Committee on Transportation.

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JOURNAL OF THE HOUSE

HB 1383. By Representative Birdsong of the 123rd: A BILL to amend an Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, so as to increase the amount of such exemption to $25,000.00 of the assessed value of the homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1384. By Representative Birdsong of the 123rd: A BILL to amend an Act creating a Board of Commissioners of Twiggs County, so as to reapportion the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1385. By Representative Birdsong of the 123rd: A BILL to amend an Act creating a Board of Education of Twiggs County, so as to change the description of the districts from which members of such board are elected; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1386. By Representative Smith of the 169th: A BILL to amend an act creating the Board of Commissioners of Pierce County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 13, 2002

609

HB 1387. By Representative Smith of the 169th:
A BILL to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1388. By Representative Royal of the 164th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1389. By Representatives Powell of the 23rd, Parham of the 122nd, Hanner of the 159th, Twiggs of the 8th and Greene of the 158th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate low-speed vehicles; to redefine a term; to define a term; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to provide special uniform rules of the road for low-speed vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1390. By Representative Birdsong of the 123rd:
A BILL to create a board of elections and registration in Twiggs County; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1391. By Representative Keen of the 174th: A BILL to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain commercial fishing vessels whose primary use is the catching of seafood; and for other purposes.
2/12/2002 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1391. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Keen District 174
Referred to the Committee on Ways & Means.
HB 1392. By Representative Barnard of the 154th: A BILL to amend an Act creating the Tattnall County Board of Elections, so as to change said board to the Tattnall County Board of Elections and registration; to change the name of said board; to provide that the board shall have the powers and duties of the board of registrars; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1085. By Representatives Smith of the 91st, Westmoreland of the 104th, Ehrhart of the 36th, Burkhalter of the 41st, McCall of the 90th and others:

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611

A RESOLUTION proposing an amendment to the Constitution so as to provide for the appropriation of certain sales tax proceeds for local assistance road program purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1086. By Representative Shanahan of the 10th: A RESOLUTION designating the Veterans Parkway; and for other purposes.

Referred to the Committee on Transportation.

HR 1087. By Representative Poag of the 6th:
A RESOLUTION designating the Flood Town Christmas Community in Murray County; and for other purposes.

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

HR 1091. By Representative Lanier of the 145th:
A RESOLUTION designating the Walter C. Perkins Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 1104. By Representative Lanier of the 145th:
A RESOLUTION designating the A. S. Newton Highway; and for other purposes.

Referred to the Committee on Transportation.

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JOURNAL OF THE HOUSE

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

HB 1336 HB 1337 HB 1338 HB 1339 HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1347 HB 1348 HB 1349 HB 1350 HB 1351

HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1359 HB 1360 HB 1361 HB 1362 HB 1363 HR 1081 HR 1082 HR 1083 SB 329

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

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1325 Do Pass HB 1326 Do Pass

HB 1327 Do Pass HR 1041 Do Pass

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

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

WEDNESDAY, FEBRUARY 13, 2002

613

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 13, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

HB 227 HB 557 HB 587 HB 1021 HB 1105

Georgia Military Pension Fund; create Judicial Retirement; survivors benefit fund EPD rules/regulations; risk assessment and cost benefit analysis Coastal waters; dredging; placement of beach-quality sand Juvenile proceedings; photographing certain children; authorization

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

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

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1325. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Maddox of the 72nd:
A BILL to amend an Act creating the State Court of Henry County, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which said technology fees may be put; and for other purposes.

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

HB 1326. By Representatives Cash of the 108th, Sanders of the 107th, Lunsford of the 109th and Maddox of the 72nd:

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A BILL to amend an Act creating the State Court of Henry County, so as to provide for an additional judge for said court; to provide for the election of the judges of said court; to provide for a chief judge; to change the provisions relating to the election of the solicitor-general of said court; and for other purposes.

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

HB 1327. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Maddox of the 72nd:
A BILL to amend an Act providing for a new Board of Commissioners of Henry County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y 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 Y Floyd Y Forster Y Franklin

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
Lane Y Lanier

Y O'Neal 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 E Reece Y Reed Y Reichert
Rice

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 Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor Y Teague Y Teper

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

WEDNESDAY, FEBRUARY 13, 2002

Y Gardner Y Golick
Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree E Henson Y Hines Y Holland
Holmes Y Houston Y Howard Y Hudgens

Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

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

On the passage of the Bills, the ayes were 155, nays 0. The Bills, having received the requisite constitutional majority, were passed.

HR 1041. By Representatives Ray of the 128th, Walker of the 141st and James of the 140th:
A RESOLUTION recognizing the observance of Family/Friend Kindness Day; 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 Benfield Y Birdsong Y Black Y Boggs

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

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 O'Neal 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
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley

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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
Connell Y Cooper

JOURNAL OF THE HOUSE

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

Y Joyce Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

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

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

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 336. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd, Starr of the 44th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide additional discretion to local school boards regarding exceptions to the prohibition against possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 13, 2002

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SB 364. By Senators Walker of the 22nd, Harbison of the 15th, Stokes of the 43rd and Thomas of the 10th:
A BILL to be entitled an Act to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the Brain and Spinal Injury Trust Fund Authority to the Brain and Spinal Injury Trust Fund Commission; to authorize the commission to disburse trust fund money for operating expenses which shall be kept to a minimum; to provide that no funds shall be disbursed until approved by the Governor; to require the commission to recommend disbursement of funds before the Governor may authorize such disbursement; to provide for related matters, to repeal conflicting laws, and for other purposes.
SB 368. By Senators Smith of the 25th, Marable of the 52nd, Jackson of the 50th, Ragan of the 11th, Streat of the 19th and others:
A BILL to be entitled an Act to amend Code Section 20-2-212.2 of the Official Code of Georgia Annotated, relating to persons receiving certification from the National Board for Professional Teaching Standards, so as to clarify that the 10 percent increase in state salary applies to each year the person holds the certification; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 393. By Senators Meyer von Bremen of the 12th, Kemp of the 3rd, Hamrick of the 30th, Lee of the 29th, Harp of the 16th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, 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; to change certain provisions relating to cases requiring an application for appeal, procedure, and jurisdiction; to amend Code Section 9-11-56 relating to summary judgment so as to conform it to the changes made in Title 5; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:

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SR 574. By Senators Dean of the 31st, Starr of the 44th, Gillis of the 20th and Marable of the 52nd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; authorizing the conveyance of certain state owned property located in Cobb County; authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee; authorizing the conveyance of certain state owned property located in Spalding County, Georgia; authorizing the conveyance of certain state owned real property located in Wilkes County, Georgia; to repeal conflicting laws; and for other purposes.
SR 575. By Senators Dean of the 31st, Starr of the 44th, Gillis of the 20th and Marable of the 52nd:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Butts, Cobb, Coweta, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, and Upson counties, Georgia; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 177. By Senators Harbison of the 15th, Kemp of the 3rd and Dean of the 31st:
A BILL to be entitled an Act to amend Code Section 33-5-26 of the Official Code of Georgia Annotated, related to the endorsement of insurance contract by broker, so as to require that certain surplus lines policies must provide brochures explaining coverages at the time of application for the policies; to authorize the promulgation of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 336. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd, Starr of the 44th, Johnson of the 1st and others:
A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting

WEDNESDAY, FEBRUARY 13, 2002

619

schools, so as to provide additional discretion to local school boards regarding exceptions to the prohibition against possession of electronic communication devices by students in school; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 364. By Senators Walker of the 22nd, Harbison of the 15th, Stokes of the 43rd and Thomas of the 10th:
A BILL to be entitled an Act to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the Brain and Spinal Injury Trust Fund Authority to the Brain and Spinal Injury Trust Fund Commission; to authorize the commission to disburse trust fund money for operating expenses which shall be kept to a minimum; to provide that no funds shall be disbursed until approved by the Governor; to require the commission to recommend disbursement of funds before the Governor may authorize such disbursement; to provide for related matters, to repeal conflicting laws, and for other purposes.

Referred to the Committee on Health & Ecology.

SB 368. By Senators Smith of the 25th, Marable of the 52nd, Jackson of the 50th, Ragan of the 11th, Streat of the 19th and others:
A BILL to be entitled an Act to amend Code Section 20-2-212.2 of the Official Code of Georgia Annotated, relating to persons receiving certification from the National Board for Professional Teaching Standards, so as to clarify that the 10 percent increase in state salary applies to each year the person holds the certification; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 393. By Senators Meyer von Bremen of the 12th, Kemp of the 3rd, Hamrick of the 30th, Lee of the 29th, Harp of the 16th and others:

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A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, 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; to change certain provisions relating to cases requiring an application for appeal, procedure, and jurisdiction; to amend Code Section 9-11-56 relating to summary judgment so as to conform it to the changes made in Title 5; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SR 574. By Senators Dean of the 31st, Starr of the 44th, Gillis of the 20th and Marable of the 52nd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; authorizing the conveyance of certain state owned property located in Cobb County; authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee; authorizing the conveyance of certain state owned property located in Spalding County, Georgia; authorizing the conveyance of certain state owned real property located in Wilkes County, Georgia; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
SR 575. By Senators Dean of the 31st, Starr of the 44th, Gillis of the 20th and Marable of the 52nd:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Butts, Cobb, Coweta, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, and Upson counties, Georgia; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 13, 2002

621

Referred to the Committee on State Institutions & Property.

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

HR 1072. By Representatives Yates of the 106th and Sanders of the 107th:
A RESOLUTION commending Barbara Jo Cook and inviting her to appear before the House of Representatives; and for other purposes.

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

HR 1106. By Representatives Snelling of the 99th and Hembree of the 98th:
A RESOLUTION commending and congratulating Virginia Turner and inviting her to appear before the House of Representatives; and for other purposes.

HR 1107. By Representative Ashe of the 46th:
A RESOLUTION commending Dr. John Preston as the Georgia Association for Career and Technical Education's Carl Perkins Award recipient and inviting Dr. and Mrs. John Preston to appear before the House of Representatives; and for other purposes.

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

HB 227. By Representatives Purcell of the 147th, Birdsong of the 123rd, Walker of the 141st, Shanahan of the 10th, Cummings of the 27th and others:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Military Pension Fund; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Military Pension Fund; to define certain terms; to provide for a board of trustees; to provide for powers and duties of the board; to provide for the administration of the fund; to provide for membership in the fund; to provide for employer contributions; to provide for service creditable toward retirement; to provide for conditions precedent to retirement; to provide for pension benefits; to provide a penalty for certain fraudulent acts; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by adding at the end thereof a new Chapter 24 to read as follows:
"CHAPTER 24 ARTICLE 1
47-24-1. As used in this chapter, the term:
(1) 'Board' means the Board of Trustees of the Employees Retirement System of Georgia. (2) 'Creditable service' means prior service, membership service, and other service for which credit is allowed toward retirement under this chapter. (3) 'Date of establishment' means July 1, 2002. (4) 'Employer' means the State of Georgia. (5) 'Fund' means the Georgia Military Pension Fund. (6) 'Member' means any person included in the membership of the fund. (7) 'Membership service' means service as a member of the fund. (8) 'Prior service' means service rendered prior to July 1, 2002, as a member of the Georgia National Guard. (9) 'Retirement allowance' means monthly payments for life pursuant to Code Section 47-24-101.
ARTICLE 2
47-24-20.

WEDNESDAY, FEBRUARY 13, 2002

623

(a) A pension fund is created and placed under the administration of the Board of Trustees of the Employees Retirement System of Georgia to provide retirement allowances and other benefits for members of the Georgia National Guard. The pension fund shall begin operation as of July 1, 2002. (b) The fund shall have the power and privileges of a corporation and shall be known as the Georgia Military Pension Fund. By such name all of its business shall be transacted, all of its funds shall be invested, and all of its cash, securities, and other property shall be held.
47-24-21. There is created an office to be known as the executive secretary of the Georgia Military Pension Fund. The director of the Employees Retirement System of Georgia shall serve as executive secretary of this fund.
47-24-22. (a) The general administration and responsibility for the proper operation of the fund and for putting this chapter into effect are vested in the board. (b) The board shall engage such actuarial and other services as shall be required to transact the business of the fund. (c) The board shall designate an actuary who shall be the technical adviser of the board on matters regarding the operation of the fund and shall perform such other duties as are required in connection therewith. (d) At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members of the fund and shall make a valuation of the contingent assets and liabilities of the fund. The board, after taking into account the results of such investigation and valuation, shall adopt for the fund such mortality, service, and other tables as shall be deemed necessary. (e) On the basis of regular interest and tables adopted by the board, the actuaries shall make valuations of the contingent assets and liabilities of the fund at least once every three years. (f) The board shall keep in convenient form such data as shall be necessary for the actuarial valuations of the contingent assets and liabilities of the fund and for checking the experience of the fund. (g) The board shall determine, from time to time, the rate of regular interest for use in all calculations, with the rate of 4 percent per annum applicable unless changed by the board. (h) Subject to the limitations of this chapter, the board shall, from time to time, establish rules and regulations for the administration of the fund and for the transaction of business. (i) The board shall keep a record of all of its proceedings under this chapter, which record shall be open to the public.

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(j) All persons employed by the board and the expenses of the board shall be paid from funds appropriated by the General Assembly.
47-24-23. (a) The board members shall be the trustees of the funds of the fund; may invest and reinvest such funds; and may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the moneys of the fund created under this chapter shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund, all in such manner as funds of the Employees Retirement System of Georgia are invested and reinvested. (b) Except as otherwise provided for in this chapter, no member or person employed by the board shall have a direct interest in the gains or profits of any investment made by the board. No member or employee of the board shall, directly or indirectly, for himself or herself or as an agent, in any manner use the funds of the fund except to make such current and necessary payments as are authorized by the board; nor shall any member or employee of the board become an endorser, surety, or in any manner an obligor for moneys loaned or borrowed from the board. (c) The board shall be the custodian of the funds of the fund. All payments from such funds shall be made by the board only upon vouchers signed by two persons designated by the board.
47-24-24. The accumulation account shall be the account in which all reserves for the payment of the part of all retirement allowances and other benefits payable from contributions made by the employer shall be held and from which all retirement allowances payable under the fund and the administrative expenses shall be paid. All interest and dividends earned on the funds of the fund shall be credited to the accumulation account.
ARTICLE 3
47-24-40. All persons who are members of the Georgia National Guard on July 1, 2002, shall become members of the fund as of such date. All other persons shall become members of the fund on first becoming a member of the Georgia National Guard.
ARTICLE 4
47-24-60. The employer contributions toward the cost of the fund shall be as actuarially determined and approved by the board and, in making such determination, the adjutant general of the state shall supply the board with such information at such times and in such manner as the board shall specify by rules and regulations. The amounts determined as the employer contributions shall be certified to the Office of Treasury

WEDNESDAY, FEBRUARY 13, 2002

625

and Fiscal Services at such times as the board shall specify by rules and regulations. It shall be the duty of the director of the Office of Treasury and Fiscal Services to pay to the board, from funds appropriated or otherwise available to the fund, the amounts certified by the board. All employer contributions shall be irrevocable and may be used only for the exclusive benefit of members.
ARTICLE 5
47-24-80. The creditable service of a member shall include all established creditable prior service, service as a member of the Georgia National Guard since he or she became a member of the fund, and such other service as may be allowed as creditable service pursuant to this article.
47-24-81. In addition to the creditable service allowed pursuant to Code Section 47-24-80, any member shall receive creditable service for any past service as a member of the United States Army, Army Reserve, Army National Guard, Navy, Navy Reserve, Marine Corps, Air Force, Air Force Reserve, Air National Guard, and Coast Guard if such service meets the same requirement for creditable time served as set forth for nonregular service retirement under Chapter 67 of Title 10 of the United States Code.
47-24-82. (a) Any provision of this article to the contrary notwithstanding, no service which is used to qualify a member for a retirement or pension benefit based on length of service, age, or physical disability from any of the regular components of the United States armed forces, including without limitation service in the active guard status, shall be used as creditable service under this pension fund. (b) Except as provided in subsection (a) of this Code section, no provision in this chapter shall be construed as to affect or preclude any benefits to which a member may be entitled under any federal or private retirement or pension plan or any retirement or pension fund governed by this title.
ARTICLE 6
47-24-100. (a) Upon the written application to the board, any member of the fund who:
(1) Has attained the age of 60 years; (2) Has completed 20 or more years of creditable service, at least 15 of which were service as a member of the Georgia National Guard; (3) Served at least ten consecutive years as a member of the Georgia National Guard immediately before discharge; and (4) Has received an honorable discharge from the Georgia National Guard

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shall be retired by the board on a retirement allowance and shall thereupon become a beneficiary of the fund. (b) The effective date of retirement shall be the first day of the month in which the application is received by the board, but such effective date shall not, in any case, be earlier than the first day of the month following the month of the applicants discharge from the Georgia National Guard. Applications for retirement shall not be accepted more than 90 days in advance of the date of discharge.
47-24-101. Upon retirement under subsection (a) of Code Section 47-24-100, the retired member shall receive a monthly service retirement allowance of $50.00 plus an additional $5.00 per month for each year of creditable service over 20 years, up to a maximum monthly benefit of $100.00.
47-23-102. All retirement allowances shall be paid in monthly payments and shall cease in the month in which the death of the member occurs.
47-24-103. If any retired member returns to the service of the Georgia National Guard, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive a retirement allowance calculated according to the number of years of creditable service the member has accumulated at the end of such return to service.
ARTICLE 7
47-24-120. Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in any attempt to defraud the fund, as a result of such an act, shall be guilty of a misdemeanor and, on conviction, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 12 months, or both.
47-24-121. If any change or error in the records results in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far as practicable in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
47-24-122. The benefits provided under this chapter shall not be a part of any contract and shall be subject to future legislation."

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627

SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Smith of the 19th was excused from voting on HB 227.

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 Benfield Y Birdsong Y Black Y Boggs 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 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 Gardner Y Golick
Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard

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 Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee

Y O'Neal 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 E Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott

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

628
Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

Y Wiles Y Wilkinson Y Willard Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Speaker

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

HB 587. By Representatives McCall of the 90th, Skipper of the 137th, Royal of the 164th, Day of the 153rd and Coleman of the 142nd:
A BILL to amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to conservation and natural resources, so as to provide a statement of legislative findings; to define certain terms; to require a cost-benefit analysis as a prerequisite to the promulgation or adoption of administrative rules and regulations implementing Acts of the General Assembly relating to asbestos safety, safe drinking water, safe dams, surface mining, clean air, clean water, solid waste and hazardous waste management, radiation control, and other Acts relating to the environment and of certain actions taken by the Department of Natural Resources and the Environmental Protection Division of the Department of Natural Resources relative to such laws; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to conservation and natural resources, so as to provide a statement of legislative findings; to define certain terms; to create the Advisory Committee on Risk Assessment and Cost-Benefit Analysis; to provide for the membership and the appointment of members; to provide that the committee shall establish guidelines and procedures controlling such risk assessment and cost-benefit analysis; to provide that the Board of Natural Resources may use such guidelines in the

WEDNESDAY, FEBRUARY 13, 2002

629

promulgation of rules and regulations relating to environmental protection; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that:
(1) Public health, environmental, and safety regulations, standards, and policies have led to dramatic improvements in human health and the environment in Georgia. Some of those regulations, standards, and policies have been costly to implement and less effective than they could have been. Regulatory activities should be based upon a realistic consideration of risk and on an adequate consideration of costs and potential benefits; (2) Environmental and public health problems are becoming increasingly complex and difficult to discern, and, at the same time, the costs of making further environmental and public health improvements are also increasing considerably. It is estimated that the citizens of the United States spend approximately $300 billion annually in complying with federal, state, and local environmental protection laws and regulations. We need to ensure that those dollars are being spent wisely in Georgia. Georgia needs new approaches, based on the best scientific, technical, and economic information, to achieve further improvements; (3) Public health, safety, and environmental regulations, standards, and polices adopted by Georgia should be based upon the best scientific information available and should achieve the greatest overall reduction in risk to public health and the environment in the most cost-effective and flexible manner possible; (4) The citizens have a right to be fully informed about the costs, benefits, or any adverse effects on the economy resulting from state regulations and about the policies that underlie regulatory decisions by agencies of this state, and they have a right to know whether Georgia is achieving the goals expressed in those regulations and policies; and (5) The goal of this Act is to provide the same or greater environmental, public health, and safety protection to the citizens of Georgia but to do it in a manner that is more effective and efficient.

SECTION 2. Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to conservation and natural resources, is amended by designating the existing provisions of such chapter as "Article 1" and by inserting at the end thereof a new article to read as follows:

12-1-20. As used in this article, the term:

"ARTICLE 2

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(1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources. (3) 'Committee' means the Advisory Committee on Risk Assessment and CostBenefit Analysis created by this article. (4) 'Department' means the Department of Natural Resources. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (6) 'Environmental rule or regulation' means a rule or regulation promulgated by the board to enforce or implement an Act of the General Assembly relating to environmental protection.
12-1-21. There is created within the department the Advisory Committee on Risk Assessment and Cost-Benefit Analysis. The committee shall consist of 12 members appointed as follows:
(1) Four members appointed by the Speaker of the House of Representatives as follows:
(A) One person with expertise in cost-benefit analysis; (B) One person representing county government; (C) One representative from a public health advocacy organization; and (D) One representative from industry; (2) Four members appointed by the President of the Senate as follows: (A) One person representing municipal government; (B) One person with expertise in risk assessment; (C) One representative of an environmental organization; and (D) One representative from agriculture; and (3) Four members appointed by the Governor as follows: (A) One person with expertise in cost-benefit analysis; (B) One person with expertise in risk assessment; (C) One representative from the division; and (D) One representative from industry.
12-1-22. The committee shall prepare guidelines for use by the board, the department, and the division in conducting risk assessments and cost-benefit analyses. At a minimum, such guidelines shall include:
(1) Procedures and practices for conducting risk assessments and cost-benefit analyses to ensure that such assessments and analyses are conducted in accordance with the best accepted professional standards and methods of scientific, technical, and economic analyses; (2) Models and assumptions to be used, including a discussion of their plausibility, and criteria for when they should be used; (3) Criteria for conducting uncertainty analyses;

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(4) Criteria for reporting the results of risk assessments and cost-benefit analyses in a way that is reasonably understandable to the public, clearly conveys information about uncertainty and variability, and adequately reveals the science, economic information, and policy judgments, if any, embodied in these assessments and analyses; (5) Criteria for the appropriate use of peer review to help improve the quality of those assessments and analyses; and (6) Criteria for cost-benefit analyses that include consideration of all costs and benefits, including avoidance costs, delayed costs, costs of loss of environmental resources, and benefits to environmental resources including, but not limited to, fish, habitat, and wetlands.
12-1-23. (a) Not later than June 30, 2003, the committee shall submit proposed guidelines, along with a summary of the guidelines, to the Governor, the Speaker of the House of Representatives, the President of the Senate, the board, and the commissioner of natural resources and shall concurrently make the recommended guidelines available to the public. (b) Before establishing the final guidelines, the committee shall conduct at least three public hearings on the recommended guidelines and may submit the proposed guidelines to independent and external experts for review. The committee shall hold at least one such public hearing in each portion of the state: south, central, and north Georgia. Not later than December 31, 2003, the committee shall develop and publish final guidelines. (c) The committee shall cease to exist on the date of publication of the final guidelines in accordance with this Code section. (d) Following the publication of the committees guidelines, the board may use such guidelines in promulgating environmental rules and regulations. (e) Any person who conducts an independent risk assessment or cost-benefit analysis of a proposed environmental rule or regulation may submit such assessment or analysis to the board for consideration."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Stallings of the 100th moves to amend the Committee substitute to HB 587 as follows:
On page 4, line 10, delete the word "final"

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Add this sentence:
"Said guidelines shall be submitted in 2004 for approval to the Georgia General Assembly."
Page 4, line 13, change the word "publication" to "approval".

The following amendment was read:

Representative Mueller of the 152nd moves to amend the Committee substitute to HB 587 as follows:
Page 4, line 13, change may to shall.

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

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

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 Y Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard
Heckstall Y Hembree

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

Y O'Neal N Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas N Randall N Ray E Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan

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

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

WEDNESDAY, FEBRUARY 13, 2002

N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens

N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley Y Mueller

N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

On the adoption of the amendment, the ayes were 69, nays 99. The amendment was lost.

633
Y Willard Y Williams, J
Williams, R N Wix Y Yates
Murphy, Speaker

The following amendment was read and adopted:

Representatives Smith of the 169th et al. move to amend the Committee substitute to HB 587 by striking line 3 of page 2 and inserting in its place the following:
"achieve the greatest benefit to public health and the environment in the".
By striking line 6 of page 2 and inserting in its place the following:
"or positive effects on the economy and public health resulting from state regulations and about the policies that".

The following amendment was read:

Representatives Orrock of the 56th and Smith of the 169th move to amend the Committee substitute to HB 587 as follows: P 2, l 32, change "12" to "13" p 3, line 9:
strike "Four" and replace with "Five" p 3, insert after line 13,
"(E) One representative from labor trained in health and safety issues."

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 48, nays 119. The amendment was lost.

The following amendment was read:

Representative Reichert of the 126th moves to amend the Committee substitute to HB 587 as follows:

WEDNESDAY, FEBRUARY 13, 2002

635

Delete Section 1 Renumber accordingly.

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 47, nays 123. The amendment was lost.

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The following amendments were read and adopted:

Representative Everett of the 163rd moves to amend the Committee substitute to HB 587 as follows:
Page 3, line 32
After the word resources, add "any loss of value to property".

Representative Scheid of the 17th moves to amend the Committee substitute to HB 587 as follows:
After the word "public" on page 4 line 5 add a comma (,) and the words "through electronic means."

Representative Mueller of the 152nd moved that the House reconsider its action in adopting the Scheid amendment.
The motion was lost.

The Committee substitute, as amended, was adopted.

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

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

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

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

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 O'Neal N Orrock Y Parham Y Parrish Y Parsons N Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell N Ragas

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 N Squires Y Stallings
Stanley

N Bordeaux Y Borders Y Bridges N 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 Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 13, 2002

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

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

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

637
Stanley-Turner E Stephens Y Stokes Y Taylor N Teague N Teper Y Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 "nay" thereon.

HB 557. By Representatives Buck of the 135th and Cummings of the 27th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the board of directors of the Georgia Judicial Retirement System may provide a survivors benefit for members, retired members, and former members; to define a certain term; to establish a survivors benefits fund; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the board of directors of the Georgia Judicial Retirement System may provide a survivors benefit for members, retired members, and former members; to define a certain term; to establish a survivors benefits fund; to provide for the administration of the fund; to provide for contributions to the fund; to provide for rules and regulations; to authorize such retirement system to contract with the Employees Retirement System of Georgia; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end of Article 2 of Chapter 23, relating to the administration and management of the Georgia Judicial Retirement System, the following:
"47-23-29. (a) Wherever the term 'survivors benefits' is used or referred to in this chapter, it shall be construed to be group term life insurance. (b) Pursuant to the provisions of this Code section and rules and regulations adopted for such purpose, the board of trustees may provide for survivors benefits for members, former members, and retired members of the retirement system; provided, however, that the provisions of this Code section shall apply only to persons who are active members of this retirement system on or after July 1, 2002. (c) There shall be established an additional fund, to be known as the 'survivors benefit fund,' which shall be administered in the following manner:
(1) There shall be accumulated in the survivors benefit fund the payments made to the fund as provided in subsection (d) of this Code section, including interest earned on deposits and investments of such payments; (2) There shall also be accumulated in the survivors benefit fund the payments required of retired members and vested former members covered for survivors benefits as provided in subsections (g) and (h) of this Code section, together with interest earned on such payments; and (3) All assets of the survivors benefit fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. (d) Contributions for survivors benefits shall be provided for and administered in the following manner: (1) After notice from the board of trustees, each employer shall cause to be deducted from the earnable compensation of each member during every payroll period the

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639

additional amount established by the board of trustees, but such amount shall not exceed one-half of 1 percent of the members earnable compensation. Such deductions shall be made under the same conditions as set forth in paragraph (2) of subsection (a) of Code Section 47-3-41; and (2) There is authorized an employer payment to the fund which shall be a percentage of the earnable compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but in no case shall such rate, when added to the members contributions, exceed 1 percent. Funds for employer payment shall be requested in the same manner as provided in Article 5 of this chapter. (e) The board of trustees may adopt any rules or regulations which are not in conflict with this Code section and which it deems necessary in establishing and maintaining the plan of operation, including benefit tables and other provisions of coverage. Such rules and regulations shall include the following: (1) A members payment for coverage shall vest in the member no rights other than for the period for which the member has paid the required additional contributions into the survivors benefit fund; (2) A notice by the board of trustees to members that the additional contributions provided for in this Code section will be credited in the future to the individual members annuity savings account shall suspend any and all survivors benefit coverage then in effect, provided that such action shall be applicable to all members alike and without prejudice to any survivors benefits pending in the case of a thendeceased member; and (3) Subsequent to any notice released under paragraph (2) of this subsection, any additional notice made in the same manner and within 12 months of the original notice to the effect that coverage is again available shall reestablish survivors benefits to those members formerly covered and to all new members who are otherwise eligible. (f) The board of trustees may determine the date on which the plan for survivors benefit coverage shall be placed into operation. The board of trustees shall notify all employers who, in turn, shall notify the members that additional contributions will commence on the determined date. (g) The survivors benefits program may provide for a reduction of benefits after the attainment of a certain age and for a different or no contribution after retirement based on such reduction in benefits. The board of trustees is authorized to promulgate rules and regulations to carry out this subsection. (h) Any other provisions of this chapter or any rules or regulations to the contrary notwithstanding, any member who withdraws from service before attaining age 60 but whose right to a service retirement allowance has vested under Code Section 47-23-102 may continue paying the amount under this Code section which the member was paying at the time of withdrawing from service, together with the amount of the employer contribution in effect at the time of such withdrawal, in which case the benefits under this Code section shall remain fixed at the same amount as they would have been had the member died on the day immediately preceding the members withdrawal. Only

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those members with at least ten years of creditable service at the time of withdrawal from service shall be eligible under this subsection, subject to the provisions of subsection (g) of this Code section.
47-23-30. The board of trustees may provide group term life insurance protection for the members of the retirement system as the survivors benefits program provided for in Code Section 47-23-29 by contracting for such service with the board of trustees of the Employees Retirement System of Georgia for the inclusion of members of this retirement system in the program of group life insurance protection conducted for the benefit of the members of such retirement system. Such contract must provide benefits to those persons entitled to benefits under Code Section 47-23-29. All or any part of funds and other assets previously accumulated for the purposes of Code Section 47-23-29 may be used by the board of trustees in the execution of this contract. Contributions for such coverage shall be provided for and collected as set forth in subsection (d) of Code Section 47-23-29."
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 ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1021. By Representatives Day of the 153rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Rogers of the 20th and others:
A BILL to provide a short title; to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to repeal certain provisions regarding river and harbor development; to provide for the regulation of maintaining navigation inlets, harbors, and rivers; and for other purposes.
The following Committee amendment was read and adopted:

WEDNESDAY, FEBRUARY 13, 2002

641

The Committee on Natural Resources and Environment moves to amend HB 1021 by striking lines 7 through 9 of page 2 and inserting in lieu thereof the following:
"resources. The General Assembly further recognizes that dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers, alter the natural drift of beach-quality sand resources within the littoral zone, often resulting in these sand resources being deposited in designated upland or offshore disposal areas instead"
By striking lines 12 through 14 of page 2 and inserting in lieu thereof the following:
"(a) With regard to all beach-quality sand originating from the dredging of navigation channels within tidal inlets, as well as the entrances to harbors and rivers:
(1) Such sand shall be placed on the adjacent coastal beaches, if possible; or"
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 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1105. By Representatives Snow of the 2nd, Day of the 153rd, Hudson of the 120th, Lane of the 146th and DeLoach of the 172nd:
A BILL to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to records and hearings involving children, so as to authorize the photographing of every child who has absconded and subsequently returned to the custody of the Department of Juvenile Justice; 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 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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The following communications were received:
Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
February 13, 2002
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the February 12, 2002 Special Election Runoff for the Office of State Representative in the General Assembly of Georgia from District 16, all as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Cathy Cox
Secretary of State
CC:LWB:bt
Enclosure
State of Georgia Office of Secretary of State
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 22nd day of January, 2002, in District 16 of the State

WEDNESDAY, FEBRUARY 13, 2002

643

House of Representatives in a portion of Cherokee County, to fill the vacancy existing due to the resignation of the Honorable Steve Stancil.

Inasmuch as no candidate received a majority of the votes cast, a Special Election Runoff was held on February 12, 2002 and the results of the consolidated returns on file in this office are also attached.

Having received a majority of the votes cast, Diane Z. Grasse was duly elected to this office.

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

(SEAL)

/s/ Cathy Cox Secretary of State

Official Special Election Results - January 22, 2002 Georgia House District 16

Following are the results of the Special Election held January 22, 2002:

Sheila Auffrey

359

Diane Z. Grasse

456

Bryan Korff

352

Official Special Election Runoff Results - February 12, 2002 Georgia House District 16

Sheila Auffrey

507

Diane Z. Grasse

667

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

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Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1001 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 69 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman
Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1042 Do Pass

WEDNESDAY, FEBRUARY 13, 2002

645

Respectfully submitted, /s/ Byrd of the 170th
Chairman
Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1003 Do Pass, by Substitute HB 1303 Do Pass
Respectfully submitted, /s/ Hudson of the 156th
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 957 Do Pass HR 958 Do Pass HR 1084 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1060 Do Pass, by Substitute

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

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

THURSDAY, FEBRUARY 14, 2002

647

Representative Hall, Atlanta, Georgia Thursday, February 14, 2002

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

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

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

Collins Connell Cooper Cox Crawford Davis Deloach, G Dodson Drenner Dukes Ehrhart Epps Everett Floyd Forster Franklin Gardner Graves Greene Hammontree Harbin Harrell Heard Hembree E Henson Hines

Holland Houston Howard Hudgens Hudson, N Hugley Irvin Jackson, B Jackson, L James Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lucas Mangham Massey McBee McCall

E Millar Mills Morris Mosley Mueller O'Neal
E Orrock Parrish Parsons Pelote Pinholster Purcell Randall Reece Rice Richardson Roberts, D
E Roberts, L Royal Sanders Scheid Scott Seay Shanahan Shaw

Skipper Smith, B Smith, C Smith, L Smith, P Smith, T Smith, V Snelling Squires Stallings E Stephens Taylor Teague Teper Tillman Turnquest Unterman Walker, R.L E West Wiles Wilkinson Willard Williams, R Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Benfield of the 67th, Black of the 178th, Bordeaux of the 151st, Cash of the 108th, Channell of the 111th, Cummings of the 27th, Day of the 153rd, DeLoach of the 172nd, Dix of the 76th, Golick of the 30th, Hanner of the 159th, Hudson of the 120th, Jamieson of the 22nd, Jenkins of the 110th, Lunsford of the 109th, Manning of the 32nd, McClinton of the 68th, McKinney of the 51st, Mobley of the 69th, Parham of the 122nd, Poag of the 6th, Porter of the 143rd, Powell of the 23rd, Reed of the 52nd, Reichert of the 126th, Rogers of the 20th, Sailor of the 71st,

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Sholar of the 179th, Sims of the 167th, Smith of the 19th, Smyre of the 136th, Stanley of the 49th, Stanley of the 50th, Stokes of the 92nd, Watson of the 70th, Westmoreland of the 104th, Williams of the 83rd, and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Steve Wood, Pastor, Sugar Hill United Methodist Church, Sugar Hill, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

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649

HB 1393. By Representatives Royal of the 164th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th, Porter of the 143rd and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to transfer the OneGeorgia Authority from the Department of Industry, Trade, and Tourism to the Department of Community Affairs; to change certain provisions regarding duties of the Department of Community Affairs; to change certain provisions relating to contracts with public and private individuals and entities; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1394. By Representatives Stanley of the 50th, Stanley of the 49th, Holmes of the 53rd, Dean of the 48th, Reed of the 52nd and others:
A BILL to amend Part 3 of Article 5 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local excise taxes regarding sales by the drink, so as to authorize such taxes with respect to sales by the drink of wine or fermented beverages in municipalities; and for other purposes.

Referred to the Committee on Regulated Beverages.

HB 1395. By Representatives Henson of the 65th, Watson of the 70th, Millar of the 59th, Benfield of the 67th, Harrell of the 62nd and others:
A BILL to amend an Act creating the DeKalb County Civic Center Authority, so as to change provisions relating to the number of members constituting a quorum; and for other purposes.

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

HB 1396. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens

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and the existing school system in the County of Clarke, so as to change the composition of the board of education and the districts from which members are elected; and for other purposes.

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

HB 1397. By Representatives McBee of the 88th and Heard of the 89th:
A BILL to amend Code Section 27-1-28 of the Official Code of Georgia Annotated, relating to the taking of nongame species, so as to amend the description of nongame species which are exempt from a prohibition against hunting, trapping, fishing, taking, possessing, or transporting; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1398. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, Jenkins of the 110th and Holland of the 157th:
A BILL to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment for motor vehicles, so as to require strobe lights to be mounted on garbage trucks; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1399. By Representatives Skipper of the 137th, Buck of the 135th and Royal of the 164th:
A BILL to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for the taxation of mobile telecommunications services; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to change certain provisions regarding imposition of various taxes by political subdivisions; to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of subscribers for "911"

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charges, so as to provide for applicability of certain charges; and for other purposes.

2/13/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1399. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Skipper District 137

Referred to the Committee on Ways & Means.

HB 1400. By Representatives Skipper of the 137th and Childers of the 13th:
A BILL to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are patients or clients in a facility; to authorize a facility to arrange for transportation of an impatient or client under the care of the facility by means other than the county sheriff; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1401. By Representatives Mobley of the 69th, Mangham of the 75th, McClinton of the 68th, Watson of the 70th, Millar of the 59th and others:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain provisions regarding the amount payable for redemption of property sold for taxes; to provide for a different premium amount for tax sale purchasers that are not a county, municipality, or other political subdivision; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 1402. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Ashe of the 46th:
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 a special license plate supporting certain breast cancer related programs for the medically indigent; to dedicate revenue derived from the sale of such special license plates to the Indigent Care Trust Fund; and for other purposes.

2/13/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1402. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 175

Referred to the Committee on Motor Vehicles.

HB 1403. By Representative Smith of the 19th:
A BILL to amend an Act providing for an elected Board of Education of Dawson County, so as to change the description of the education districts; and for other purposes.

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

HB 1404. By Representative Smith of the 19th: A BILL to amend an Act creating the Board of Commissioners of Dawson

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County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 1405. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Buck of the 135th and others:
A BILL to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to authorize a salary differential for citizen soldiers who are public officers or employees; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 1406. By Representatives Shanahan of the 10th, Hanner of the 159th, Stokes of the 92nd, McCall of the 90th, Jackson of the 112th and others:
A BILL to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change the amount of certain fees; to extend the period certain fees and surcharges shall be collected; to provide for certain powers and duties of the Director of the Environmental Protection Division of the Department of Natural Resources; to change the criteria for property qualifying for a limitation of liability to site contamination; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1407. By Representatives Smith of the 175th, Smith of the 19th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state government may, in the course of participation in federal programs, under certain conditions administer and provide services through contracts with charitable, religious, or private organizations; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs.
HB 1408. By Representatives Smith of the 169th, Stanley of the 49th, Stanley of the 50th, Porter of the 143rd, Parham of the 122nd and others: A BILL to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to scope of practice; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 1409. By Representatives Buck of the 135th, Hugley of the 133rd, Taylor of the 134th, Smith of the 102nd, Roberts of the 132nd and others: A BILL to amend an Act creating the Muscogee County School District, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1105. By Representatives Floyd of the 138th, Coleman of the 142nd, Greene of the 158th, Purcell of the 147th and Ehrhart of the 36th: A RESOLUTION creating the Joint Construction Codes Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 1108. By Representatives DeLoach of the 119th, Anderson of the 116th, Howard of the 118th, Burmeister of the 114th, Allen of the 117th and others: A RESOLUTION designating Alvin Mitchell Street; and for other purposes.
Referred to the Committee on Transportation.

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HR 1109. By Representatives Richardson of the 26th, Murphy of the 18th and Stallings of the 100th:
A RESOLUTION designating a portion of State Highway 61 as the "Robbie Bishop Memorial Highway"; and for other purposes.
Referred to the Committee on Transportation.
HR 1110. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, Floyd of the 138th and Holland of the 157th:
A RESOLUTION urging the Congress of the United States to lift sanctions and establish permanent normal trade relations with Cuba; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
HR 1111. By Representatives Shanahan of the 10th, Hanner of the 159th, Stokes of the 92nd, McCall of the 90th, Jackson of the 112th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by general law for the separate classification and taxation of properties on which there have been releases of hazardous waste, hazardous constituents, and hazardous substances into the environment; to provide for a setoff of all or a portion of the costs associated with remedial action against any increase in ad valorem taxation resulting from such remedial action; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1112. By Representative Williams of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a sales and use tax of 1 percent in

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each county in this state, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; and for other purposes.

2/13/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1112. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Williams District 5

Referred to the Committee on Ways & Means.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:

HB 1428. By Representatives Smith of the 19th, Birdsong of the 123rd, Johnson of the 35th, Bunn of the 74th, Hembree of the 98th and others:
A BILL to amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, so as to require fingerprinting and criminal record checks of certain persons employed in operation, maintenance, or repair of water treatment plants or water supply systems owned or operated by local governments; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HR 1138. By Representatives Smith of the 169th and Mosley of the 171st:
A RESOLUTION designating a portion of SR 38 in Pierce County as the H.M. Thompson Highway; and for other purposes.

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Referred to the Committee on Transportation.

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

HB 1364 HB 1365 HB 1366 HB 1367 HB 1368 HB 1369 HB 1370 HB 1371 HB 1372 HB 1373 HB 1374 HB 1375 HB 1376 HB 1377 HB 1378 HB 1379 HB 1380 HB 1381 HB 1382 HB 1383

HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1389 HB 1390 HB 1391 HB 1392 HR 1085 HR 1086 HR 1087 HR 1091 HR 1104 SB 336 SB 364 SB 368 SB 393 SR 574 SR 575

Pursuant to Rule 52, Representative Keen of the 174th moved that the following Bill of the House be engrossed:

HB 1391. By Representative Keen of the 174th:
A BILL to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain commercial fishing vessels whose primary use is the catching of seafood; and for other purposes.

The motion prevailed.

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Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1237 Do Pass, by Substitute SB 357 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:

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 1340 Do Pass HB 1341 Do Pass HB 1347 Do Pass HB 1358 Do Pass

HB 1359 Do Pass HB 1360 Do Pass HB 1362 Do Pass HB 1363 Do Pass

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

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

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HOUSE RULES CALENDAR THURSDAY, FEBRUARY 14, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

HB 1001 HB 1100 HB 1312

Supplemental appropriations; FY 2001-2002 Insurance coverage; colorectal cancer screening Sales tax; exempt certain school items; limited time

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 1340. By Representatives Cooper of the 31st, Hines of the 38th, Franklin of the 39th, Manning of the 32nd, Kaye of the 37th 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.
On the passage of the Bill, the ayes were 114, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1341. By Representatives Cooper of the 31st, Hines of the 38th, Franklin of the 39th, Manning of the 32nd, Kaye of the 37th and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
HB 1347. By Representative Anderson of the 116th:
A BILL to amend an Act creating the board of commissioners of Burke County, so as to reapportion the commissioner districts; 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 114, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
HB 1358. By Representative Lanier of the 145th:
A BILL to amend an Act to reconstitute the Board of Education of Candler County, so as to revise the districts for the election 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.

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On the passage of the Bill, the ayes were 114, nays 13. The Bill, having received the requisite constitutional majority, was passed.
HB 1359. By Representative Shaw of the 176th: A BILL to amend an Act creating a new board of education of Lanier County, so as to revise the education districts for the election 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.
On the passage of the Bill, the ayes were 114, nays 13. The Bill, having received the requisite constitutional majority, was passed.
HB 1360. By Representative Shaw of the 176th: A BILL to amend an act creating a board of commissioners for Lanier County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 13. The Bill, having received the requisite constitutional majority, was passed.
HB 1362. By Representative Cox of the 105th: A BILL to provide a new city charter for Peachtree City; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 1363. By Representative Floyd of the 138th:
A BILL to amend an Act creating the Board of Commissioners of Dooly County, so as to change the description of the commissioner districts; 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 114, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 361. By Senators Ragan of the 11th, Smith of the 25th, James of the 35th, Seabaugh of the 28th and Blitch of the 7th:
A BILL to be entitled an Act to amend Chapter 21 of Title 2 of the O.C.G.A., known as the "Georgia Organic Certification and Labeling Act," so as to provide that no person who produces, processes, distributes, or handles an advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product may substitute or commingle any ingredient, article, commodity, or product which does not comply with Code Section 2-21-3; to repeal the requirement that certain

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663

organic food or feed ingredients bear the official seal of the certifying entity; to repeal conflicting laws; and for other purposes.
SB 386. By Senators Dean of the 31st and Marable of the 52nd:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weights of vehicles and loads, so as to change certain provisions relative to exemptions; to provide an exemption for ready-mixed concrete; to repeal conflicting laws; and for other purposes.
SB 394. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources and its governing board and commissioner, so as to change the composition of the Board of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 407. By Senators Meyer von Bremen of the 12th, Hecht of the 34th, Stokes of the 43rd, Starr of the 44th, Moore of the 18th and others:
A BILL to be entitled an Act 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 provide for the crime of endangerment of a child under the age of 16; to provide for legislative findings and intent; to provide for various degrees of endangering a child under certain circumstances; to provide for penalties; to provide that the offense is in addition to other punishment; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1124. By Representatives Parham of the 122nd and Hudson of the 120th:
A BILL to amend an Act creating the Board of Commissioners of Baldwin County, so as to change the description of the commissioner districts; and for other purposes.
HB 1125. By Representatives Parham of the 122nd and Hudson of the 120th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Baldwin County, so as to change the description of the education district; and for other purposes.

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HB 1234. By Representative Channell of the 111th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 1241. By Representative Channell of the 111th:
A BILL to amend an Act creating a board of commissioners for Putnam County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1264. By Representative Smith of the 91st:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition and description of the education districts from which members of the board of education are elected; and for other purposes.
HB 1265. By Representative Smith of the 91st:
A BILL to amend an Act creating the Board of Commissioners of Morgan County, so as to change the description of the commissioner districts; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 557. By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; 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 361. By Senators Ragan of the 11th, Smith of the 25th, James of the 35th, Seabaugh of the 28th and Blitch of the 7th:
A BILL to be entitled an Act to amend Chapter 21 of Title 2 of the O.C.G.A., known as the "Georgia Organic Certification and Labeling Act," so as to provide that no person who produces, processes, distributes, or handles an

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665

advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product may substitute or commingle any ingredient, article, commodity, or product which does not comply with Code Section 2-21-3; to repeal the requirement that certain organic food or feed ingredients bear the official seal of the certifying entity; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

SB 386. By Senators Dean of the 31st and Marable of the 52nd:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weights of vehicles and loads, so as to change certain provisions relative to exemptions; to provide an exemption for ready-mixed concrete; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 394. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources and its governing board and commissioner, so as to change the composition of the Board of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

SB 407. By Senators Meyer von Bremen of the 12th, Hecht of the 34th, Stokes of the 43rd, Starr of the 44th, Moore of the 18th and others:
A BILL to be entitled an Act 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 provide for the crime of endangerment of a child under the age of 16; to provide for legislative findings and intent; to provide for various degrees of endangering a child under certain circumstances; to provide for penalties; to

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provide that the offense is in addition to other punishment; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SR 557. By Senator Jackson of the 50th:
A RESOLUTION designating the Dean Bryant Intersection; and for other purposes.

Referred to the Committee on Transportation.

Representative Scott of the 165th arose to a point of personal privilege and addressed the House.

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

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

Representative Snow of the 2nd arose to a point of personal privilege and addressed the House.

Representative Massey of the 86th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read:

HR 1114. By Representative Murphy of the 18th

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A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Thursday, February 14, 2002, and shall reconvene on Monday, February 18, 2002. The hours for closing and convening the Senate and House on such days shall be as ordered by each body.
BE IT FURTHER RESOLVED that for the remainder of the 2002 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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
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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree

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

Y O'Neal E 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 Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L
Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan

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

668
Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y McKinney Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution was adopted.

Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

Representative Stephens of the 150th would like to be recorded as voting "aye" on HR 1114.

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 1046 Do Pass HR 1106 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 957. By Representatives Wiles of the 34th, Ehrhart of the 36th, Collins of the 29th, Cooper of the 31st, Johnson of the 35th and others:

THURSDAY, FEBRUARY 14, 2002

669

A RESOLUTION commending the Walker School Wolverines baseball team and inviting the coaches and team members to appear before the House of Representatives; and for other purposes.

HR 958. By Representatives Wiles of the 34th, Ehrhart of the 36th, Collins of the 29th, Cooper of the 31st, Johnson of the 35th and others:
A RESOLUTION commending the Walker School Lady Wolverines Fast Pitch softball team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 1084. By Representative Bell of the 25th:
A RESOLUTION commending the Dynamite Dolls Competition Clogging Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

HR 1046. By Representatives Anderson of the 116th, Burmeister of the 114th, Allen of the 117th, DeLoach of the 119th and Howard of the 118th:
A RESOLUTION honoring Demetrius Bates and inviting him to appear before the House of Representatives; and for other purposes.

HR 1106. By Representatives Snelling of the 99th and Hembree of the 98th:
A RESOLUTION commending and congratulating Virginia Turner and inviting her to appear before the House of Representatives; and for other purposes.

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

HR 1113. By Representatives Skipper of the 137th, Royal of the 164th, Jenkins of the 110th, Porter of the 143rd and Buck of the 135th:
A RESOLUTION recognizing and commending Head Coach Chan Gailey

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JOURNAL OF THE HOUSE

and inviting him to appear before the House of Representatives; and for other purposes.

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

HB 1100. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Channell of the 111th, Walker of the 141st and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for colorectal cancer screening; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for colorectal cancer screening; to provide for 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. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by adding after Code Section 33-24-56.2 a new Code section to read as follows:
"33-24-56.3. (a) As used in this Code section, the term:
(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2002, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f) of Code Section 31-5A-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, vision, and policies written for a period of six months or less.

THURSDAY, FEBRUARY 14, 2002

671

(2) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (b) Every health benefit policy shall provide coverage for colorectal cancer screening, examinations, and laboratory tests in accordance with the most recently published guidelines and recommendations established by the American Cancer Society, in consultation with the American College of Gastroenterology and the American College of Radiology, for the ages, family histories, and frequencies referenced in such guidelines and recommendations and deemed appropriate by the attending physician after conferring with the patient. (c) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given health benefit policy."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 Y Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

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

Y O'Neal E 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 Reichert Y Rice Y Richardson Y Roberts, D E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West

672
Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

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

Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 167, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1312. By Representatives Borders of the 177th, Buck of the 135th, Smith of the 175th, Black of the 178th, Shaw of the 176th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks

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 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 O'Neal E 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor

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

THURSDAY, FEBRUARY 14, 2002

Y Forster Y Franklin Y Gardner 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 Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Reichert Y Rice Y Richardson Y Roberts, D E 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

673
Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 170, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Pinholster of the 15th 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.

674

JOURNAL OF THE HOUSE

AFTERNOON SESSION

The Speaker called the House to order.

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

HR 1115. By Representatives Unterman of the 84th and Walker of the 87th:
A RESOLUTION commending the 2001 Loganville High School girls varsity fastpitch softball team and inviting the team members, their coaches, and the school principal to appear before the House of Representatives; and for other purposes.

Representative Bordeaux of the 151st 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 1104 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
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:

THURSDAY, FEBRUARY 14, 2002

675

HR 1107 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1107. By Representative Ashe of the 46th: A RESOLUTION commending Dr. John Preston as the Georgia Association for Career and Technical Education's Carl Perkins Award receipient and inviting Dr. and Mrs. John Preston to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read:
HR 1119. By Representatives Hudgens of the 24th, Smith of the 91st, McBee of the 88th and Heard of the 89th: A RESOLUTION commending Dorothy "Dot" H. Barrett; and for other purposes.
HR 1120. By Representative Pinholster of the 15th: A RESOLUTION commending Daphne Wall Moody and Laurence Floyd Moody; and for other purposes.
HR 1121. By Representative Murphy of the 18th: A RESOLUTION commending the Republic of China on Taiwan on its contributions to promote world health; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1122. By Representative Franklin of the 39th: A RESOLUTION commending Jonathan E. Schillo; and for other purposes.

HR 1123. By Representative Bell of the 25th: A RESOLUTION honoring Dr. Joe L Griffeth, Sr.; and for other purposes.

HR 1124. By Representative Ashe of the 46th: A RESOLUTION commending Karyn Greer; and for other purposes.

HR 1125. By Representatives Sinkfield of the 57th, Smyre of the 136th and Dean of the 48th:
A RESOLUTION commending the 4,418 men and women of the Juvenile Justice System and declaring Juvenile Justice Day in Georgia; and for other purposes.

HR 1126. By Representative Smith of the 91st: A RESOLUTION commending William Brinson Orr; and for other purposes.

HR 1127. By Representatives Davis of the 60th, Cooper of the 31st, Murphy of the 18th, Smith of the 91st, Amerson of the 7th and others:
A RESOLUTION commending The Auditory-Verbal Center of Atlanta, Inc.; and for other purposes.

HR 1128. By Representative Smith of the 19th:
A RESOLUTION commending the Georgia Association of Broadcasters; and for other purposes.

THURSDAY, FEBRUARY 14, 2002

677

HR 1129. By Representatives Floyd of the 138th and Holland of the 157th:
A RESOLUTION recognizing Warwick as the Grits Capital of Georgia and commending and recommending the Warwick Grits Festival; and for other purposes.

HR 1130. By Representative Skipper of the 137th:
A RESOLUTION honoring and commending James Reed Crumbliss on the occasion of his fiftieth birthday; and for other purposes.

HR 1131. By Representatives Day of the 153rd, Walker of the 141st, Mueller of the 152nd, Westmoreland of the 104th, Stephens of the 150th and others:
A RESOLUTION commending Jenny Gentry; and for other purposes.

HR 1132. By Representatives Day of the 153rd, Walker of the 141st, Mueller of the 152nd, Westmoreland of the 104th, Stephens of the 150th and others:
A RESOLUTION commending Rachel B. Simons; and for other purposes.

HR 1133. By Representatives Seay of the 93rd, Brooks of the 54th, Stanley of the 49th, Stanley of the 50th and Teague of the 58th:
A RESOLUTION recognizing and celebrating the 125th Anniversary of the Antioch Baptist Church North; and for other purposes.

HR 1134. By Representative Purcell of the 147th:
A RESOLUTION recognizing and commending Jesse Finch; 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 Cox Crawford
Y Cummings

Y Hudson, N Y Hudson, S
Hugley

Y O'Neal E Orrock
Parham

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

678
Y Ashe Bannister
Y Barnard Barnes
Y Bell Y Benfield
Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Bulloch Y Bunn Burkhalter Y Burmeister Byrd Y Callaway Y Campbell Cash Channell Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Connell Cooper

JOURNAL OF THE HOUSE

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

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

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

On the adoption of the Resolutions, the ayes were 106, nays 1. The Resolutions were adopted.

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

Representative Seay of the 93rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

THURSDAY, FEBRUARY 14, 2002

679

The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1114. By Representative Murphy of the 18th:
A RESOLUTION relative to adjournment; and for other purposes.

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

HB 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

The following Committee substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act", approved April 26, 2001 (Ga. L. 2001, p. 628), so as to change certain appropriations for the State Fiscal Year 2001-2002; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
An Act providing appropriations for the State Fiscal Year 2001-2002, as amended, known as the "General Appropriations Act" approved April 26, 2001 (Ga. L. 2001, p. 628), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2001, and ending June 30, 2002, as prescribed hereinafter for such

680

JOURNAL OF THE HOUSE

fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $13,867,000,000 (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 Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Total Funds Budgeted
State Funds Budgeted

$ 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

$

90,000

$ 3,686,488

$

745,000

$

105,000

$ 1,652,000

$ 35,789,123

$ 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 State Funds

$ 13,556,950 $ 13,556,950

$

473,527 $

473,527

$ 1,546,655 $ 1,546,655

$ 15,577,132 $ 15,577,132

THURSDAY, FEBRUARY 14, 2002

681

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,655,653 $ 3,655,653

$ 2,564,415 $ 2,564,415

$ 1,188,886 $ 1,188,886

$ 3,686,063 $ 3,686,063

$

415,837 $

415,837

$ 11,510,854 $ 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 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

682

JOURNAL OF THE HOUSE

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
Total Funds Budgeted
State Funds Budgeted

$ 30,534,070

$ 24,887,570

$

817,300

$

550,000

$

115,000

$

180,000

$ 1,034,200

$

245,000

$

0

$ 2,385,000

$

320,000

$ 30,534,070

$ 30,534,070

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

$ 138,192,312

$ 17,074,391

$ 116,790,194

$ 3,963,988

$ 1,911,046

$

40,000

$

800,000

$

618,628

$ 141,198,247

$ 138,192,312

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

Total Funds State Funds

$ 8,602,935 $ 7,382,486

$ 11,239,760 $ 11,143,760

$ 49,740,955 $ 49,740,955

$ 46,022,006 $ 44,478,101

$ 1,424,347 $ 1,424,347

$ 1,133,843 $ 1,133,843

$ 12,760,967 $ 12,615,386

$

271,476 $

271,476

THURSDAY, FEBRUARY 14, 2002

683

Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

$ 7,159,946 $ 7,159,946

$ 2,500,030 $ 2,500,030

$

341,982 $

341,982

$ 141,198,247 $ 138,192,312

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

$ 53,636,693

$ 17,862,975

$ 4,624,014

$

316,002

$

41,580

$

206,878

$ 3,136,437

$ 1,250,703

$

491,020

$

984,600

$

186,335

$

0

$

0

$

0

$ 2,350,000

$

539,022

$

0

$

0

$ 6,014,012

$

496,375

$

35,000

$

48,500

$

75,000

$

200,000

$

0

$ 35,412,874

$

405,335

$ 74,676,662

$ 53,636,693

Departmental Functional Budgets Administration

Total Funds State Funds $ 44,110,050 $ 41,125,118

684

JOURNAL OF THE HOUSE

Support Services Statewide Business Risk Management State Properties Commission Office of the Treasury State Office of Administrative Hearings Executive Administration Total

$ 13,304,551 $

309,536

$ 3,338,810 $ 3,309,440

$ 3,556,574 $

504,735

$

739,446 $

739,446

$ 2,004,091 $

514,320

$ 4,687,767 $ 4,383,843

$ 2,935,373 $ 2,750,255

$ 74,676,662 $ 53,636,693

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

$

0

$ 20,366,784

$ 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

$ 43,013,287

$

0

Departmental Functional Budgets
Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 1,317,283 $

0

$ 25,377,110 $

0

$ 6,194,810 $

0

$ 2,795,009 $

0

$ 3,172,157 $

0

$ 4,156,918 $

0

$ 43,013,287 $

0

C. Budget Unit: State Funds - Georgia Technology Authority
Personal Services Regular Operating Expenses

$

0

$ 52,100,000

$ 5,370,000

THURSDAY, FEBRUARY 14, 2002
Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted
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

685

$

640,000

$

50,000

$

470,000

$ 42,575,000

$ 2,929,105

$

6,000

$ 41,133,956

$

0

$

0

$ 84,523,000

$

501,019

$ 6,194,830

$

0

$ 236,492,910

$

0

$ 41,674,167

$ 34,213,396

$ 4,343,606

$ 1,027,928

$

400,085

$

349,960

$

667,341

$ 1,132,197

$

398,176

$

33,500

$ 1,723,644

$ 1,143,240

$ 3,521,803

$ 3,147,972

$

160,000

$

20,000

$

525,000

$

653,000

$

100,000

$

40,000

$

0

686

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 53,600,848 $ 41,674,167

Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

Total Funds State Funds

$ 9,221,789 $ 8,341,702

$ 17,118,956 $ 13,986,821

$ 7,829,201 $ 4,079,201

$ 6,986,030 $ 6,799,030

$

0$

0

$ 11,766,333 $ 8,467,413

$

678,539 $

0

$ 53,600,848 $ 41,674,167

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

$ 11,045,266

$ 9,150,914

$

444,245

$

460,850

$

125,250

$

4,347

$

254,459

$

488,687

$

103,079

$

13,435

$

0

$ 11,045,266

$ 11,045,266

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

$ 61,807,867

$ 22,781,741

$ 2,469,077

$

669,749

$

0

$

380,544

$ 1,496,653

$ 1,045,848

$

685,666

$

523,939

$

517,624

$

0

THURSDAY, FEBRUARY 14, 2002

687

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

$ 2,075,311

$ 27,680,322

$

167,885

$ 30,000,000

$ 1,651,557

$ 5,000,000

$ 3,086,441

$

0

$

617,500

$ 3,200,000

$

822,853

$ 3,000,000

$

0

$

0

$ 1,128,125

$ 1,250,000

$ 50,000,000

$ 4,518,807

$ 1,500,000

$

550,000

$

150,000

$ 166,969,642

$ 61,807,867

Departmental Functional Budgets
Executive Division Planning and Environmental Management Division Business and Financial Assistance Division Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division Total

Total Funds State Funds

$ 33,138,472 $ 32,966,728

$ 4,646,716 $ 4,418,640

$ 38,491,738 $ 6,843,839

$ 8,899,319 $ 3,086,441

$ 4,782,258 $ 3,097,771

$ 2,393,797 $

734,242

$ 1,717,519 $

926,775

$ 66,951,056 $ 3,784,664

$ 5,948,767 $ 5,948,767

$ 166,969,642 $ 61,807,867

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services

$ 1,388,553,130

688

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

$ 16,046,291

$ 32,500,883

$ 8,374,066

$

439,282

$

30,000

$

83,736

$ 84,957,133

$ 1,730,148

$

757,954

$ 1,740,624

$ 408,205,471

$ 4,948,082,666

$ 1,097,500

$

64,732

$

183,244

$

764,826

$ 975,000,000

$

27,000

$

400,000

$

762,000

$ 4,137,000

$ 2,202,803

$

137,500

$ 3,889,600

$ 18,790,098

$ 7,394,890

$

474,625

$

474,240

$

120,000

$ 6,502,822,021

$ 16,046,291

$ 1,388,553,130

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

Total Funds State Funds

$ 3,437,032 $ 2,949,703

$ 4,948,082,666 $ 1,313,121,685

$ 43,513,946 $ 14,715,598

$ 92,890,166 $ 16,711,599

$ 1,327,419 $

769,854

$

523,032 $

261,516

$

408,399 $

246,182

$ 79,106,082 $ 3,308,042

THURSDAY, FEBRUARY 14, 2002

689

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

$

688,383 $

470,086

$

487,663 $

470,536

$ 1,280,187,484 $

0

$ 1,965,986 $ 1,767,854

$ 38,092,672 $ 38,092,672

$ 2,534,729 $ 2,534,729

$ 1,462,134 $ 1,462,134

$ 8,114,228 $ 7,717,231

$ 6,502,822,021 $ 1,404,599,421

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 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

$ 51,910,914

$ 4,575,922

$

373,496

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

0

$ 7,529,558

$ 188,035,705

$ 196,372,518

$ 4,575,922

$ 51,910,914

Section 9. Department of Corrections. State Funds - Administration, Institutions
and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 916,459,096 $ 582,344,357 $ 67,356,595 $ 2,380,486 $ 1,388,269 $ 3,935,670

690

JOURNAL OF THE HOUSE

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 Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 6,273,257

$ 6,917,786

$ 8,367,881

$

104,872

$ 82,418,841

$ 69,906,997

$ 25,901,513

$ 1,300,000

$ 33,725,673

$ 6,851,616

$

0

$ 1,093,624

$ 4,143,025

$ 1,752,150

$

577,160

$ 1,450,000

$ 115,272,611

$

449,944

$ 1,131,000

$ 1,025,043,327

$

450,000

$ 916,459,096

Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Programs Total

Total Funds $ 68,118,517 $ $ 34,936,982 $ $ 9,724,047 $ $ 72,496,342 $ $ 702,191,851 $ $ 137,575,588 $ $ 1,025,043,327 $

State Funds 30,331,144 34,925,448 9,677,889 71,925,674
645,075,910 124,523,031 916,459,069

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 8,541,200

$ 15,694,668

$ 17,980,129

$

90,875

$

0

$

52,800

$

130,625

THURSDAY, FEBRUARY 14, 2002

691

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay

Total Funds Budgeted State Funds Budgeted

$

44,010

$ 1,021,973

$ 1,421,895

$

244,000

$

0

$ 36,680,975

$ 8,541,200

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds State Funds

$ 2,706,014 $ 2,375,061

$ 6,481,226 $

971,213

$ 27,493,735 $ 5,194,926

$ 36,680,975 $ 8,541,200

Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education

$ 5,966,004,202 $ 30,000,000

$ 39,311,396

$ 7,729,477

$

979,079

$

90,974

$

166,670

$ 1,110,295

$ 3,507,233

$ 21,799,474

$ 9,812,751

$ 2,022,152

$

800,451

$

0

$ 1,601,206,426 $ 1,431,924,825 $ 694,701,713 $ 48,775,823 $ 63,564,874 $ 176,902,561 $ 667,491,482 $ 137,724,602 $ 20,511,169

692

JOURNAL OF THE HOUSE

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 Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Drug Free School (Federal) School Lunch (State) Charter Schools Emergency Immigrant Education Program Title VI State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Innovative Programs

$ 44,653,187

$ 26,424,199

$ 151,556,972

$ 868,905,907

$ 177,551,763

$ (1,003,292,614)

$ 152,216,303

$

0

$ 255,947,743

$ 6,548,910

$

852,291

$

875,000

$ 4,340,000

$ 61,011,301

$ 23,600,609

$

293,520

$ 240,262,432

$ 4,025,312

$ 157,076,091

$ 5,508,750

$ 1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$ 10,283,000

$ 21,325,701

$ 1,250,000

$

151,000

$ 2,811,600

$ 1,042,976

$ 9,550,907

$ 37,509,080

$ 6,900,307

$ 4,036,740

$ 58,222,772

$ 26,531,797

$ 107,826,070 $ 1,190,215

THURSDAY, FEBRUARY 14, 2002

693

Title II Math/Science Grant (Federal) Migrant Education Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Robert C. Byrd Scholarship (Federal) Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements 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

$ 7,466,425

$

274,395

$ 11,660,667

$ 64,597,687

$ 4,992,566

$ 4,046,930

$ 1,150,500

$ 6,018,289

$

350,000

$

559,847

$

0

$ 5,967,000

$ 30,000,000

$ 34,460,185

$ 10,023,360

$ 4,062,148

$ 25,494,089

$ 1,632,839

$

0

$

600,000

$ 4,015,000

$ 6,806,756,163

$

0

$ 30,000,000

$ 5,966,004,202

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

Total Funds State Funds

$ 14,935,146 $ 12,685,118

$ 21,985,785 $ 12,172,312

$ 1,409,777 $ 1,332,188

$ 5,213,035 $ 5,101,380

$ 9,178,246 $

503,432

$ 16,747,616 $ 12,465,441

$ 6,719,776,211 $ 5,935,072,069

$ 5,815,742 $ 5,586,207

$ 5,405,636 $ 5,040,181

$ 6,288,969 $ 6,045,874

$ 6,806,756,163 $ 5,996,004,202

B. Budget Unit: Lottery for Education Computers in the Classroom

$ 73,280,354 $ 68,280,354

694

JOURNAL OF THE HOUSE

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
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 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

$

0

$

0

$

0

$ 5,000,000

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 73,280,354

$ 73,280,354

$ 1,265,054

$ 228,422,112

$ 2,032,578

$ 6,251,957

$ 3,907,649

$

196,283

$

213,800

$

0

$

11,528

$

130,500

$

8,000

$ 1,282,447

$

306,693

$

32,276

$

0

$

0

$ 129,817,711

$

134,500

$ 372,748,034

$ 236,706,647

$ 1,265,054

$

0

$ 2,864,383

$

488,800

$

29,000

$

0

THURSDAY, FEBRUARY 14, 2002

695

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees

Total Funds Budgeted State Funds Budgeted

$

12,450

$ 1,269,708

$

345,740

$

82,002

$

355,000

$ 1,452,000

$

0

$ 6,899,083

$

0

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

$ 37,767,168

$ 31,135,504

$ 6,371,813

$

182,397

$ 1,298,666

$ 2,114,831

$

357,000

$

9,120

$

996,955

$

11,150

$

833,076

$

60,000

$

28,500

$

0

$

0

$ 43,399,012

$ 37,767,168

Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total

Total Funds State Funds

$ 2,295,501 $

11,701

$ 36,856,974 $ 33,677,085

$ 4,246,537 $ 4,078,382

$ 43,399,012 $ 37,767,168

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 65,271,735

$ 51,760,302

$ 7,500,057

$

757,826

$ 1,883,106

696

JOURNAL OF THE HOUSE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 1,499,733

$ 1,250,822

$

931,560

$ 1,179,296

$ 4,125,474

$ 2,188,662

$

464,946

$

0

$ 4,362,600

$ 83,030,518

$ 160,934,902

$ 65,271,735

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total

Total Funds State Funds

$ 5,208,317 $ 5,163,773

$ 32,082,486 $ 29,316,415

$ 12,480,072 $ 10,674,637

$ 20,364,309 $ 19,756,279

$ 90,799,718 $

360,631

$ 160,934,902 $ 65,271,735

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

$ 51,966,590

$ 20,731,476

$ 2,116,564

$

390,115

$

0

$

320,067

$

562,686

$ 1,134,608

$

629,268

$ 4,197,100

$ 8,124,079

$ 4,519,119

$

40,000

$ 7,995,667

$

358,595

$

0

$ 4,138,891

$

274,194

$

281,872

THURSDAY, FEBRUARY 14, 2002

697

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

$

0

$

0

$

0

$

482,540

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$

0

$ 57,550,771

$ 51,966,590

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 State Funds

$ 12,913,381 $ 12,913,381

$ 1,260,716 $

957,745

$ 13,368,421 $ 13,368,421

$ 5,718,686 $ 5,004,841

$ 4,977,124 $ 4,779,124

$

512,221 $

512,221

$

505,822 $

505,822

$ 8,402,601 $ 8,290,671

$ 7,246,660 $ 2,989,225

$ 2,645,139 $ 2,645,139

$ 57,550,771 $ 51,966,590

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 Special Purpose Contracts

$ 1,354,621,797 $ 68,649,314

$ 117,504,527

$ 5,538,693

$ 2,335,842

$

0

$

478,911

$ 9,732,793

$ 5,114,035

$ 40,232,233

$ 57,134,985

$ 17,913,686

$

0

698

JOURNAL OF THE HOUSE

Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Grant-In-Aid to Counties 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

$

0

$ 87,335,076

$

163,451

$ 2,049,500

$ 2,064,276

$ 32,561,718

$

0

$

0

$ 380,159,726

$

0

$ 8,304,056

$ 182,673,721

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoptions

$

Children's Community Based Initiative

$

Human Resources and Organization Development $

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Office of Child Support Enforcement

$

Total

$

Total Funds 1,095,860 $ 4,114,201 $ 9,967,787 $
10,667,524 $ 1,315,425 $
78,789,363 $ 12,071,947 $
6,827,816 $ 841,421 $
3,478,499 $ 11,966,875 $
6,800,856 $ 10,008,434 $
2,740,884 $ 6,619,399 $ 17,391,703 $ 18,499,187 $
0$ 1,313,101 $ 92,159,757 $ 1,603,530 $ 81,886,157 $ 380,159,726 $

State Funds 1,095,860 4,085,685 6,470,923
10,392,524 1,315,425
38,621,941 11,209,873
5,527,783 771,421
3,451,930 5,862,410 2,150,330 5,618,724 2,740,884 6,619,399 2,880,863 18,499,187 (15,823,148) 1,313,101 59,667,215
26,035 18,479,412 190,977,777

2. Public Health Budget: Personal Services Regular Operating Expenses

$ 53,991,427 $ 76,170,628

THURSDAY, FEBRUARY 14, 2002

699

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

$

926,819

$

0

$

195,367

$ 1,509,862

$ 1,135,889

$ 21,555,480

$

0

$ 1,167,699

$

867,000

$ 27,948,633

$ 160,228,974

$

0

$

187,190

$ 15,371,222

$ 361,256,190

$

0

$ 46,679,826

$ 170,169,202

Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control

Total Funds State Funds

$ 12,466,422 $ 12,308,854

$ 1,344,087 $ 1,130,256

$ 2,833,472 $ 2,508,297

$ 2,121,859 $ 1,009,997

$ 7,542,873 $ 6,776,054

$ 5,389,515 $ 5,389,515

$ 3,254,347 $ 1,040,088

$ 11,824,802 $ 6,069,517

$ 84,979,232 $

0

$ 74,161,009 $ 73,187,539

$ 13,274,321 $ 6,445,009

$ 4,135,044 $ 2,691,696

$

563,707 $

459,933

$ 3,418,963 $ 2,376,685

$ 1,651,583 $

0

$ 5,808,468 $ 4,260,521

$ 2,067,135 $ 1,216,225

$

880,156 $

665,030

$ 2,864,860 $ 1,205,498

$ 1,829,312 $ 1,829,312

$

84,635 $

84,635

$ 23,330,756 $ 23,330,756

700

JOURNAL OF THE HOUSE

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 Injury Control Smoking Prevention and Cessation HIV Waiver Public Health - Division Indirect Cost Total

$ 2,934,424 $ 2,656,902

$ 2,187,292 $ 1,912,604

$

716,335 $

716,335

$ 2,160,969 $ 1,629,494

$ 8,316,363 $ 8,031,613

$

260,945 $

260,945

$ 21,379,558 $ 14,561,063

$ 10,638,458 $ 2,565,380

$ 12,584,798 $ 2,985,263

$

116,218 $

98,721

$ 13,000,941 $ 10,438,475

$

623,941 $

511,936

$ 20,509,390 $ 20,509,390

$

0$

0

$

0 $ (4,014,510)

$ 361,256,190 $ 216,849,028

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 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

$ 13,858,963

$ 3,041,835

$ 1,021,051

$

0

$

223,397

$

526,852

$ 7,232,617

$ 6,940,686

$

0

$

686,644

$ 7,588,495

$ 123,303,498

$ 7,330,365

$ 417,998,130

$ 30,812,287

$ 2,401,505

$ 370,910,587

$ 993,876,912

$

0

$ 3,341,218

$ 410,306,628

THURSDAY, FEBRUARY 14, 2002

701

Departmental Functional Budgets

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Economic Support

$

Temporary Assistance for Needy Families

$

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services $

County DFACS Operations - Joint and

$

Administration

County DFACS Operations - Employability Program $

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Troubled Children

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

Total Funds 1,005,105 $ 6,604,391 $ 4,738,570 $ 3,836,906 $
14,081,660 $ 2,974,858 $ 2,888,214 $ 3,601,138 $
114,134,948 $ 0$
2,795,420 $ 7,223,130 $ 127,678,795 $ 129,272,892 $ 3,190,752 $ 9,122,207 $ 76,972,149 $
28,564,544 $ 43,105,900 $
6,546,322 $ 60,543,230 $ 25,768,751 $
8,534,752 $ 44,089,254 $ 14,744,598 $ 60,812,454 $ 179,320,622 $
4,136,855 $ 7,588,495 $
0$ 993,876,912 $

State Funds 1,005,105 6,092,350 2,752,741 3,836,906 1,905,177 2,724,195 1,882,423 3,601,138
48,247,444 0 0 0
61,759,034 47,991,870
0 3,003,053 32,899,030
10,887,885 15,838,963
2,691,716 31,198,083 12,225,297
4,021,598 23,351,167
7,931,482 34,248,146 54,165,832
4,096,855 7,588,495 (12,298,139) 413,647,846

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction

$ 290,323,563

$ 57,276,348

$

200,000

$ 9,483,000

$ 1,991,161

702

JOURNAL OF THE HOUSE

Community Services Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 648,976,021

$ 1,008,250,093

$

0

$ 10,324,214

$ 591,472,246

Departmental Functional Budgets
Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total

Total Funds $ 30,360,632 $ $ 22,486,122 $ $ 28,631,373 $ $ 40,623,780 $ $ 113,747,565 $ $ 20,823,419 $ $ 48,457,289 $ $ 22,778,483 $ $ 4,243,973 $ $ 285,344,354 $ $ 268,035,914 $ $ 98,316,851 $ $ 15,017,279 $ $ 9,383,059 $ $ 1,008,250,093 $

State Funds 17,671,698 17,396,039 19,095,461 30,929,135 67,238,475 17,195,849 20,901,344 18,833,119 3,303,283
202,970,904 125,170,202
46,958,336 8,704,029 5,428,586
601,796,460

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

$ 475,678,480

$ 84,751,156

$ 4,283,712

$

200,000

$

897,675

$ 11,769,507

$ 13,482,541

$ 68,728,399

$ 57,134,985

$ 19,768,029

$ 57,276,348

$ 648,976,021

$

0

$ 7,588,495

$ 123,303,498

$ 8,197,365

$ 417,998,130

THURSDAY, FEBRUARY 14, 2002

703

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

$ 146,095,996

$ 162,278,474

$ 2,154,612

$ 9,483,000

$ 4,652,971

$ 32,561,718

$ 370,910,587

$ 15,371,222

$ 2,743,542,921

$

0

$ 68,649,314

$ 1,354,621,797

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

$ 28,669,259

$ 34,131,677

$ 12,636,189

$ 1,214,450

$

593,806

$

20,000

$

62,597

$

541,336

$

825,323

$

442,215

$

72,700

$

760,490

$

250,600

$ 11,199,553

$

0

$

0

$

50,000

$

0

$

0

$ 34,131,677

$ 62,800,936

$ 34,131,677

$ 28,669,259

Departmental Functional Budgets Administration

Total Funds

State Funds

$ 47,936,390 $ 47,936,390

704

JOURNAL OF THE HOUSE

Economic Development Trade Tourism Total

$ 7,597,223 $ 7,597,223 $ 2,242,254 $ 2,242,254 $ 5,025,069 $ 5,025,069 $ 62,800,936 $ 62,800,936

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

$ 15,946,654

$ 15,125,326

$

734,563

$

463,030

$

118,784

$

30,400

$

222,968

$

560,884

$

383,143

$

92,042

$

0

$

0

$ 17,731,140

$ 15,946,654

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total

Total Funds State Funds

$ 5,427,722 $ 5,427,722

$ 5,757,604 $ 5,757,604

$

534,978 $

534,978

$ 5,376,769 $ 3,592,283

$

634,067 $

634,067

$ 17,731,140 $ 15,946,654

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

$ 272,613,934

$ 164,510,241

$ 15,329,997

$ 2,156,019

$

310,273

$ 1,157,397

$ 3,061,748

$ 3,092,280

$ 2,146,718

$ 4,321,657

$ 6,496,878

THURSDAY, FEBRUARY 14, 2002

705

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

$ 3,239,018

$

400,000

$

0

$ 82,514,241

$

0

$

0

$

0

$

250,000

$ 1,687,100

$ 290,673,567

$ 272,613,934

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 State Funds

$ 72,239,665 $ 70,735,705

$ 75,374,956 $ 73,433,101

$ 35,997,214 $ 34,905,317

$ 32,275,370 $ 27,770,563

$

618,640 $

618,640

$ 1,289,618 $ 1,289,618

$ 41,191,285 $ 34,194,769

$ 2,539,667 $ 2,539,667

$

816,994 $

816,994

$ 4,468,257 $ 4,378,257

$ 18,203,070 $ 18,182,472

$ 3,115,340 $ 3,115,340

$ 2,543,491 $

633,491

$ 290,673,567 $ 272,613,934

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of
Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees

$ 15,542,190

$ 89,707,533

$ 6,980,358

$ 1,459,923

$

0

$

513,655

$ 2,654,085

$ 2,701,323

$ 2,030,660

$ 54,500,000

$ 2,863,761

706

JOURNAL OF THE HOUSE

Contracts W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted State Funds Budgeted

$ 1,246,764

$

0

$ 1,287,478

$

0

$ 165,945,540

$ 15,542,190

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

$ 29,313,306

$ 90,679,195

$ 13,749,645

$ 1,741,588

$

39,095

$ 1,024,559

$ 5,370,911

$ 7,230,026

$ 4,427,791

$ 2,573,235

$ 3,138,419

$ 41,304,191

$

875,803

$ 12,795,518

$

255,000

$ 1,114,789

$

0

$ 186,319,765

$

100,000

$ 29,313,306

Departmental Functional Budgets
Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Total

Total Funds State Funds

$ 73,675,376 $ 14,321,728

$

973,949 $

458,969

$

451,217 $

451,217

$ 11,102,025 $ 3,481,535

$ 3,137,574 $ 1,659,928

$ 1,231,384 $ 1,231,384

$ 54,867,080 $

0

$ 11,816,309 $

716,934

$ 29,064,851 $ 6,991,611

$ 186,319,765 $ 29,313,306

THURSDAY, FEBRUARY 14, 2002
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 Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted
Section 23. Department of Motor Vehicle Safety. State Funds Personal Services Regular Operating Expenses Travel

707

$ 15,368,631

$ 14,997,230

$

738,537

$

194,339

$

0

$

20,000

$

288,202

$

837,469

$

196,787

$ 19,440,000

$

0

$

153,075

$ 36,865,639

$ 15,368,631

$

0

$ 8,448,284

$ 1,144,568

$

107,263

$

0

$

651,119

$

334,350

$

905,240

$ 1,748,119

$

184,400

$

511,290

$ 14,034,633

$

0

$ 1,438,553

$ 11,379,349

$

705,441

$

0

$ 92,818,332

$ 56,506,052

$ 8,676,537

$

459,062

708

JOURNAL OF THE HOUSE

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$

302,206

$ 1,571,185

$ 16,450,362

$ 2,262,728

$ 3,164,731

$

751,198

$ 2,488,031

$

0

$ 8,082,088

$

34,900

$

348,651

$ 3,024,928

$

750,000

$

902,668

$ 105,775,327

$ 1,960,000

$ 92,818,332

Departmental Functional Budgets
Administration Operations Enforcement Total

Total Funds State Funds $ 37,732,271 $ 32,445,686 $ 51,783,691 $ 51,783,691 $ 16,259,365 $ 8,588,955 $ 105,775,327 $ 92,818,332

Section 24. 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

$ 157,226,705

$ 88,352,138

$ 14,901,302

$

812,833

$ 1,600,398

$ 1,838,995

$ 3,211,208

$ 1,393,005

$ 12,245,041

$ 1,064,418

$ 1,402,700

$

0

$

675,000

$ 1,333,056

THURSDAY, FEBRUARY 14, 2002
Capital Outlay: New Construction Repairs and Maintenance Land Acquisition Support Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites
Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants
Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water Resources U.S. Geological Survey for Topographic Mapping Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund
Wildlife Endowment Fund Payments to Georgia Agricultural Exposition
Authority Payments to McIntosh County Payments to Baker County Payments to Calhoun County 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

709

$ 1,065,176

$ 3,086,663

$

243,750

$

982,330

$

350,000

$ 1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

500,000

$

0

$

0

$

0

$

0

$

170,047

$

305,264

$

300,000

$

0

$

64,350

$ 12,722,077

$ 7,171,423

$

596,550

$ 1,997,227

$

100,000

$

31,000

$

24,000

$

938,720

$ 30,000,000

$ 192,152,921

$

840,190

$

0

$ 1,331,931 $ 1,434,982

710

JOURNAL OF THE HOUSE

Indirect DOAS Funding State Funds Budgeted

$

200,000

$ 157,226,705

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 State Funds

$ 35,783,292 $ 35,768,292

$ 7,539,827 $ 7,539,827

$ 3,145,983 $ 2,655,983

$ 40,946,274 $ 22,609,834

$ 2,529,193 $ 2,358,331

$ 39,299,474 $ 33,596,998

$ 62,353,610 $ 52,142,172

$

555,268 $

555,268

$ 192,152,921 $ 157,226,705

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

$

0

$ 3,319,508

$ 2,302,817

$

10,000

$

0

$

71,000

$

15,000

$

0

$

80,000

$

121,000

$

784,000

$

0

$ 6,703,325

$

0

C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$

0

$ 1,216,035

$

201,000

$

7,000

$

0

$

32,000

$

9,500

$

0

$

8,000

THURSDAY, FEBRUARY 14, 2002

Per Diem and Fees Contracts Capital Outlay Goods for Resale

Total Funds Budgeted State Funds Budgeted

Section 25. 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 26. Department of Public Safety. A. Budget Unit: State Funds - Department of
Public Safety 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

711

$

500

$

70,685

$

125,000

$

120,000

$ 1,789,720

$

0

$ 50,702,256

$ 40,726,176

$ 1,235,544

$

531,800

$

247,086

$

301,500

$

591,200

$ 3,027,867

$ 1,065,600

$

523,304

$ 1,639,679

$

792,500

$

20,000

$ 50,702,256

$ 50,702,256

$ 85,193,627

$ 70,777,025

$ 8,557,812

$

162,963

$ 3,909,750

$ 1,011,758

$

488,676

$

41,509

$ 1,927,189

$

531,870

$

336,800

$

145,100

$ 2,004,976

$

5,000

712

JOURNAL OF THE HOUSE

Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 89,900,428

$

990,000

$ 85,193,627

Departmental Functional Budgets
Administration Field Operations Total

Total Funds State Funds $ 18,937,872 $ 17,070,071 $ 70,962,556 $ 68,123,556 $ 89,900,428 $ 85,193,627

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted
State Funds Budgeted

$ 15,688,230

$ 10,780,781

$ 3,325,550

$

166,566

$

97,487

$

151,928

$

289,286

$

305,620

$

329,366

$

345,201

$

547,092

$ 2,525,200

$ 2,907,857

$

150,000

$ 21,921,934

$ 15,688,230

Departmental Functional Budgets

Total Funds State Funds

Office of Highway Safety

$ 4,459,218 $

653,220

Georgia Peace Officers Standards and Training

$ 1,595,230 $ 1,595,230

Police Academy

$ 1,463,183 $ 1,127,690

Fire Academy

$ 1,449,527 $ 1,316,670

Georgia Firefighters Standards and Training Council $

498,949 $

498,949

Georgia Public Safety Training Facility

$ 12,455,827 $ 10,496,471

Total

$ 21,921,934 $ 15,688,230

Section 27. Public School Employees' Retirement System.

THURSDAY, FEBRUARY 14, 2002

713

State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 12,238,226

$

625,000

$ 11,613,226

$ 12,238,226

$ 12,238,226

Section 28. 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

$ 8,529,128

$ 6,176,963

$

297,711

$

124,876

$

33,000

$

20,300

$

252,586

$

409,782

$

109,660

$ 1,077,561

$

300,000

$ 8,802,439

$ 8,529,128

Departmental Functional Budgets
Administration Utilities Total

Total Funds State Funds $ 3,239,452 $ 3,239,452 $ 5,562,987 $ 5,289,676 $ 8,802,439 $ 8,529,128

Section 29. 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 Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium

$ 1,515,056,867 $ 16,116,857

$ 1,687,278,438 $ 388,632,432

$ 440,288,393

$ 827,773,561

$ 35,013,847

$ 1,695,112

$

368,247

$

955,637

$ 48,434,801

714

JOURNAL OF THE HOUSE

Capital Outlay

Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds 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 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 Tobacco Funds Budgeted State Funds Budgeted

Regents Central Office and Other Organized Activities

$ 188,870,159 $ 3,619,310,627
$ 127,332,403 $ 1,216,405,993 $ 741,359,007 $ 3,039,500 $ 16,116,857 $ 1,515,056,867

$ 224,214,713 $ 3,125,000

$ 132,693,782 $ 65,692,480

$ 92,451,614 $ 31,293,568 $ 3,169,294

$ 22,670,123

$ 3,000,000

$

30,000

$ 7,174,805

$

928,525

$

585,000

$ 1,434,350

$ 19,990,163

$ 35,204,485

$

0

$ 416,318,189

$ 8,543,070

$ 108,954,866

$ 70,937,040

$

543,500

$ 3,125,000

$ 224,214,713

THURSDAY, FEBRUARY 14, 2002

715

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/
Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center Total

Total Funds State Funds $ 2,777,663 $ 1,692,863 $ 5,182,409 $ 1,838,989 $ 1,881,638 $ 1,114,005 $ 113,158,913 $ 9,680,851

$ 25,670,123 $ 12,396,755

$ 74,523,471 $ 46,382,752

$ 61,862,788 $ 38,768,651

$

193,500 $

0

$ 4,041,929 $ 4,041,929

$ 6,555,309 $

548,309

$ 3,625,810 $

0

$ 3,482,359 $

128,389

$ 68,279,759 $ 68,172,910

$ 38,077,671 $ 35,568,463

$ 7,004,847 $ 7,004,847

$ 416,318,189 $ 227,339,713

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,613,775

$ 16,775,716

$ 4,040,278

$ 2,784,685

$ 38,214,454

$ 38,214,454

$

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

$ 31,689,500

$ 18,642,410

$ 2,300,000

$ 1,500,000

$ 12,889,500

$

0

$

0

$

0

$

0

$ 35,331,910

$ 31,689,500

716

JOURNAL OF THE HOUSE

Section 30. 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 Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 349,251,431

$ 57,910,945

$ 7,285,895

$ 1,098,861

$

59,166

$

912,495

$ 14,653,899

$ 6,927,679

$ 2,820,843

$

650,265

$ 1,067,468

$ 4,272,795

$

0

$ 2,769,575

$ 3,900,000

$ 249,000,000

$ 353,329,886

$ 2,545,000

$ 349,251,431

Departmental Functional Budgets
Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

Total Funds State Funds

$ 29,583,474 $ 29,583,474

$ 8,155,867 $ 8,155,867

$ 15,099,368 $ 13,844,368

$ 24,561,509 $ 24,471,509

$ 7,755,833 $ 7,755,833

$ 253,407,920 $ 251,874,465

$ 5,749,534 $ 5,749,534

$

5,000 $

5,000

$ 6,078,805 $ 4,878,805

$ 2,932,576 $ 2,932,576

$ 353,329,886 $ 349,251,431

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 34,350,734

$ 18,855,334

$ 4,444,752

$

218,092

$

101,087

$

49,725

THURSDAY, FEBRUARY 14, 2002

717

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay

Total Funds Budgeted State Funds Budgeted

$ 5,434,398

$ 3,744,758

$

867,974

$

494,719

$

673,005

$

511,890

$

0

$ 35,395,734

$ 34,350,734

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 State Funds

$ 4,531,560 $ 4,501,560

$ 5,538,497 $ 5,463,497

$

369,745 $

369,745

$ 2,258,065 $ 1,538,065

$ 2,119,896 $ 2,069,896

$ 8,646,969 $ 8,626,969

$ 1,432,126 $ 1,432,126

$

525,447 $

525,447

$ 9,667,550 $ 9,517,550

$

305,879 $

305,879

$ 35,395,734 $ 34,350,734

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,288,774

$ 1,432,429

$

145,000

$

37,000

$

17,000

$

10,000

$

262,345

$

171,000

$

86,000

$

0

$

128,000

$ 2,288,774

$ 2,288,774

Departmental Functional Budgets

718

JOURNAL OF THE HOUSE

Real Estate Commission

Cost of State Funds Operations $ 2,288,774 $ 2,328,774

Section 32. 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

$ 3,479,683

$ 1,684,366

$

275,089

$

41,004

$

33,400

$

18,473

$

15,953

$

127,250

$

35,115

$

139,838

$ 1,663,600

$

86,000

$ 4,120,088

$ 3,479,683

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans

$ 42,662,425

$

543,999

$

23,315

$

19,000

$

0

$

6,300

$

20,233

$

51,115

$

12,091

$

7,000

$

38,706

$

0

$ 4,381,604

$ 33,040,275

$

0

$

70,300

$

461,158

$

16,206

$

30,000

THURSDAY, FEBRUARY 14, 2002

719

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

$

521,220

$

0

$

0

$ 1,013,712

$ 3,844,889

$ 44,101,123

$ 42,662,425

Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education Commission Total

Total Funds State Funds $ 43,379,364 $ 41,940,666

$

721,759 $

721,759

$ 44,101,123 $ 42,662,425

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships
Total Funds Budgeted
Lottery Funds Budgeted

$ 361,403,930

$ 212,069,353

$ 45,446,466

$ 52,759,417

$

0

$ 40,482,442

$

663,960

$

238,968

$ 4,004,658

$ 4,046,000

$

932,666

$

760,000

$ 361,403,930

$ 361,403,930

Section 34. 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

$ 3,090,000

$ 9,593,781

$

489,044

$

26,500

$

0

$

35,000

$ 1,399,000

$

663,270

$

330,000

$

697,200

$ 1,497,000

720

JOURNAL OF THE HOUSE

Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems H.B.203 - Teachers' Accrued Sick Leave
Total Funds Budgeted
State Funds Budgeted

$

0

$ 2,950,000

$

140,000

$

0

$ 17,820,795

$ 3,090,000

Section 35. Department of Technical and Adult Education. A. Budget Unit: State Funds - Department of
Technical and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

$ 266,970,279

$ 6,272,685

$

395,468

$

127,800

$

0

$

54,854

$

550,846

$

162,389

$

205,243

$

771,328

$

115,980

$ 4,516,543

$ 225,095,938

$ 60,230,751

$ 6,492,032

$ 19,997,058

$ 3,729,712

$ 13,998,769

$ 342,717,396

$ 266,970,279

Departmental Functional Budgets
Administration Institutional Programs Total

Total Funds State Funds $ 8,656,593 $ 6,596,805 $ 334,060,803 $ 260,373,474 $ 342,717,396 $ 266,970,279

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay Capital Outlay - Technical Institute Satellite

$

0

$

0

$

0

$

0

THURSDAY, FEBRUARY 14, 2002

721

Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

Section 36. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Contracts with the Georgia Rail Passenger Authority Guaranteed Revenue Debt
Total Funds Budgeted
State Funds Budgeted

$ 714,867,514 $ 262,620,536 $ 66,530,306 $ 2,194,326 $ 1,940,000 $ 8,151,968 $ 12,623,346 $ 1,765,434 $ 5,626,751 $ 149,508,336 $ 33,352,301 $ 1,465,620,479 $ 3,798,827 $ 13,530,481
$ 4,389,151 $ 3,561,007 $ 31,000,000 $ 2,066,213,249
$ 714,867,514

Departmental Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,742,320,904 $ $ 223,538,598 $ $ 19,982,597 $ $ 27,196,948 $ $ 2,013,039,047 $

State Funds 441,280,150 215,100,150
18,500,694 25,193,198 700,074,192

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities

$

878,656 $

$

0$

$

12,416 $

$ 3,886,375 $

$ 44,007,604 $

878,656 0
12,416 3,241,705 8,496,394

722

JOURNAL OF THE HOUSE

Harbor/Intra-Coastal Waterways Activities Total

$ 4,389,151 $ 2,164,151 $ 53,174,202 $ 14,793,322

Section 37. 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

$ 22,241,320

$ 6,010,419

$

326,292

$

131,202

$

0

$

182,457

$

30,080

$

224,911

$

87,160

$

24,500

$ 17,517,052

$ 7,943,344

$

0

$

0

$

341,000

$ 32,818,417

$ 22,241,320

Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 24,875,073 $ 17,156,660 $ 7,943,344 $ 5,084,660 $ 32,818,417 $ 22,241,320

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$ 12,064,526

$ 9,870,056

$

437,115

$

140,600

$

0

$

9,288

$

271,001

$ 1,299,338

$

187,828

$

109,300

THURSDAY, FEBRUARY 14, 2002

723

Contracts

Total Funds Budgeted State Funds Budgeted

$

0

$ 12,324,526

$ 12,064,526

Section 39. 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)

$ 549,708,563 $ 26,000,000 $ 575,708,563

$ 86,036,572

$

0

$ 86,036,572

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of

724

JOURNAL OF THE HOUSE

Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. 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 self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 42. Provisions Relative to Section 7, Department of Community Affairs.
Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:
If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.
If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.
Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

THURSDAY, FEBRUARY 14, 2002

725

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Recipient City of Pelham

Description Purchase mechanical equipment for sanitary sewer maintenance for the City of Pelham

Amount $ 25,000

Mitchell County Establish Smart Moves Program for the Mitchell County Boys and Girls Club

$ 12,000

Chatham County Construction of a kitchen for the Meals on Wheels Program in Chatham County

$ 20,000

City of Camilla Renovation of old gymnasium in the City of Camilla $ 30,000

City of Baconton Purchase playground equipment and park benches for the City of Baconton

$

10,000

City of Funston Purchase recreational equipment for park in City of Funston

$ 10,000

Mitchell County Purchase equipment for seven volunteer fire departments in Mitchell County

$ 21,000

City of Pelham Purchase equipment needed for staff and curriculum

Board of

development for schools in the City of Pelham

$ 15,000

Education

City of Doerun

Renovations to local police department for the City of Doerun

$

10,000

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 Atlanta

20,000

Wilcox County Construct a veterans' memorial in Wilcox County

$ 10,000

726

JOURNAL OF THE HOUSE

Irwin County Enhance the Irwin County 4-H and FFA programs

Board of

$

Education

Irwin County Construct a veterans' memorial in Irwin County

$

City of Fitzgerald

Install lights at football stadium in the City of Fitzgerald

$

Coffee County Repair awnings and sidewalks to mobile units at

Board of

elementary schools in Coffee County

$

Education

City of Willacoochee

Repair lighting and fences, construct softball field and purchase fire equipment for the City of Willacoochee

$

City of Pearson Downtown beautification and equipment for street department in the City of Pearson

$

City of Social Circle

Restoration of the interior of Gunter-Hall in the City of Social Circle

$

Clayton County Contract for services with the Calvary Refuge Center shelter for the homeless in Clayton County

$

Atkinson County Purchase athletic equipment, band instruments and

Board of

playground equipment for Atkinson County High

$

Education

School and Pearson Elementary School

Coffee County

Construct a fire station in the Wilsonville Fire District in Coffee County

$

Wilcox County Purchase 1989 fire truck for Cedar Creek Fire Department in Wilcox County

$

Irwin County Purchase transportation for Irwin County 4H Club

$

Clayton County Construct a directors tower and install a fence on

Board of

practice field at Lovejoy High School in Clayton

$

Education

County

10,000 10,000 20,000 7,000 5,000 5,000 5,000 20,000 7,000 5,000 10,000 5,000 10,000

THURSDAY, FEBRUARY 14, 2002

727

Atkinson County Purchase a new fire truck for Atkinson County Fire Protection

$

Houston County Purchase furnishings for new Houston County Health Department Building

$

Clayton County Contract for services with Rainbow House, Inc. to

create an advocacy center for abused children in

$

Clayton County

Baldwin County Technology upgrade for Baldwin County

$

Floyd County Board of Education

Transportation and materials for remedial after school program at Armuchee Middle School in Floyd County $

Chattooga County

Replace wiring and lighting in Chattooga County Court House

$

Laurens County Purchase band uniforms and equipment for West

Board of

Laurens County High School

$

Education

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

5,000 50,000 25,000 20,000 15,000 10,000
5,000 5,000 2,000 2,000 5,000 3,000

728

JOURNAL OF THE HOUSE

Houston County Purchase of new furniture for Houston County Library

Library

$

Trustees

50,000

Tift County

Facility for Junior livestock programs in Tift County $ 15,000

Houston County Operation of Collaborative Learning Network in

Board of

Houston County

Education

$ 50,000

City of Perry

Land acquisition and improvements to property for Perry Downtown Development Authority

$ 150,000

Georgia Mountains Regional Development Authority

Purchase equipment and program enhancements for the Happy Horse Farm in the City of Lula
$

10,000

Gainesville City Purchase lights and equipment for Gainesville High

Board of

School

Education

$ 40,000

Effingham County Board of Education

Replace cover on gym floor at South Effingham Middle

School

$

10,000

City of Guyton Purchase Public Works Utility Truck for City of Guyton $ 10,000

Gwinnett County Lighting and other softball field improvements at

Board of

Central Gwinnett High School

Education

$ 25,000

Augusta/ Richmond County

Contract with Augusta Players to provide Artreach Theater Program in Richmond County

$ 25,000

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Southwest DeKalb High School and $

Education

complimenting programs for PTA

5,000

THURSDAY, FEBRUARY 14, 2002

729

City of Milledgeville

Construction of portrait gallery in Georgia's Antebellum Capitol Museum in the City of Milledgeville

$

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Columbia High School and

$

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

$

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 $ 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/Sumter Construct two football/soccer fields at current

Parks and Recreational

recreational complex in Sumter County

$

Authority

DeKalb County Programs complimenting PTA programs at Atherton,

Board of

Canby Lane and Glen Haven Elementary Schools in $

Education

DeKalb County

DeKalb County Board of Education

Programs complimenting PTA programs at Peachcrest,

Rainbow, Rowland Elementary Schools in DeKalb

$

County

DeKalb County Board of Education

Programs complimenting PTA programs at Snapfinger Elementary and Woodridge Elementary Schools in $ DeKalb County

20,000 5,000 5,000 20,000 20,000 4,000 61,000 3,000 4,000 2,000

730

JOURNAL OF THE HOUSE

Glynn County Board of Education

Install Tuflex flooring in the Glynn Academy weight

room in Glynn County

$

City of Darien

ESGP Homeless Supportive Housing Operations in the City of Darien

$

City of Fayetteville

Purchase of a thermal imaging camera for the Fayetteville Fire Department

$

Irwin County

Construct little league ballfield, bathroom and concession stand for Irwin County

$

DeKalb County

Neighborhood improvement and beautification projects for four DeKalb County communities

$

Chatham County Purchase chemical/biological protective equipment and

self contained breathing apparatus for the Chatham

$

County Police Department

City of Screven

Construct, furnish and equip fire station in the City of Screven

$

City of Marietta Construction of an indoor batting facility at Marietta

Board of

High 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

$

East Central Georgia Regional Library Trustees

Purchase a van for the East Central Georgia Regional Library in Richmond County
$

10,000 20,000 20,000 10,000
5,000 35,000 20,000 50,000 10,000 10,000
7,000
25,000

THURSDAY, FEBRUARY 14, 2002

731

Long County

Purchase firefighting equipment and renovate the Long County Courthouse

$

Columbia County Board of Education

Purchase lighting system for the performing auditorium

at Evans High School in Columbia County

$

Columbia

Purchase technology improvements for the South

County Board Columbia Elementary School in Columbia County

$

of Education

Columbia

Purchase equipment and supplies for special education

County Board of students in Columbia County

$

Education

Columbia County

Construct bleachers for the Martinez Evans Little League in Columbia County

$

Stephens County Purchase fire hoses and equipment for the Big Smith Volunteer Fire Department in Stephens County

$

City of Atlanta

Improve facade and parking lot and purchase equipment

for the Sweet Auburn Curb Market in the City of

$

Atlanta

City of East Point

Contract with East Point Athletic League to provide programs and equipment for at-risk youth

$

City of Cave Springs

Maintenance for Water Treatment Plant in the City of Cave Springs

$

City of Rome Board of Education

Computer Lab for Model High School in the City of

Rome

$

Bartow County Lights for Adairsville High Baseball field

Board of

$

Education

25,000 17,500
5,000 2,500 10,000 7,000 40,000 25,000 30,000 30,000 20,000

732

JOURNAL OF THE HOUSE

Cobb County Board of Education

Purchase computers, sound, cable and other equipment and operation cost at the Nickajack Elementary school $ in Cobb County

City of Homeland

Preservation and restoration of historic structures owned by City of Homeland

$

Cobb County Board of Education

Purchase 18 classroom framed markers boards(4 x 16)

at the Teasley Elementary School in Cobb County

$

Cobb County Board of Education

Purchase two-way radio communication equipment(30 units) at the Sedalia Elementary School in Cobb County $

Cobb County Board of Education

Construct a covered walkway and other purposes at the

Sedalia Elementary School in Cobb County

$

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

Board of

County 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

$

12,000 25,000 12,000
5,000 15,000 10,000 10,000
1,000 15,000
4,000 10,000 10,000

THURSDAY, FEBRUARY 14, 2002

733

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

Estates

City 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 Library Trustees Lakeland

$

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

734

JOURNAL OF THE HOUSE

City of Crawfordville

Purchase fire equipment and replace roof of fire station in 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 Board of Education

Renovations and improvements for Shamrock Stadium

in the City of Dublin

$

Augusta/ Richmond County

Contract for services with Good Hope Social Services

for summer and after-school tutorial programs in

$

Richmond County

Gwinnett County Construction of bleachers around the varsity baseball

Board of

field at Berkmar High School in Gwinnett County

$

Education

City of Darien Purchase sanitation truck for the City of Darien

$

City of Eatonton

Restoration of Madison Avenue School project for the City of Eatonton

$

City of Pinehurst Renovation of downtown Pinehurst

$

City of Mt. Zion Renovate a former factory building into a Community Center for the City of Mount Zion

$

DeKalb County

Contract with Thankful Baptist CDC to provide senior service in DeKalb County

$

City of Bloomingdale

Purchase fire fighting equipment for the City of Bloomingdale

$

DeKalb County Renovation to the ART Station Facility in DeKalb County

$

5,000 12,000
7,000
75,000
21,000
20,000 20,000 40,000 10,000 20,000 10,000 25,000 30,000

THURSDAY, FEBRUARY 14, 2002

735

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

$

Education

County

Augusta/ Richmond County

Contract with Shiloh Comprehensive Community Center to provide after school programs in Richmond $ County

Augusta/ Richmond County

Contract with Bell Terrace Community Center and May

Park Community Center to provide summer youth

$

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/ Richmond County

Contract for services with CSRA Transitional Center, Inc. in Augusta to provide counseling and alternative $ programs to combat juvenile delinquency

15,000 25,000
5,000 50,000 10,000
6,000 5,000 5,000 15,000 25,000 5,000

736

JOURNAL OF THE HOUSE

Augusta/ Richmond County

Contract for services with Beulah Grove Community

Resources Center, Inc. to provide health care and

$

counseling services in Richmond County

Augusta/ Richmond County

Contract for services with Neighborhood Improvement Project, Inc. to provide health care and counseling in $ Richmond County

City of Byron

Repairs to Old Byron Elementary School for the City of Byron

$

Crawford County Upgrade Agriculture Education Lab and classroom

Board of

facilities at Crawford County High School

$

Education

City of Graham Purchase fire truck for the City of Graham

$

Telfair County Construct running track at football field in Telfair

Board of

County

$

Education

City of Baxley Renovate recreation building in the City of Baxley

$

Lanier County

Landscaping and playground equipment for the M. L. K. Jr Park in Lanier County

$

Wayne County Construct fire protection building for Madray Springs

Board of

Community in Wayne County

$

Commissioners

Berrien County Construct fire station in New Lois Community and

Commission

provide firefighting equipment for Berrien County

$

City of Valdosta Purchase furniture and equipment for Southside Library

Library

in the City of Valdosta

$

Trustees

City of Valdosta Contract with LAMP to provide Transitional Housing Program for homeless women and children in the City $ of Valdosta

15,000 10,000 10,000 15,000 20,000
5,000 10,000 10,000 30,000 25,000
5,000 10,000

THURSDAY, FEBRUARY 14, 2002

737

City of Valdosta Service learning project for Valdosta School System

Board of

$

Education

3,000

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

Education

$ 5,000

Columbus/ Muscogee County

Contract with Combined Communities of S.E. Columbus for tutorial program for at-risk youth in Muscogee County

$ 25,000

Columbus/ Muscogee County

Contract for services with the Columbus for Kids, Inc.

to provide services to at risk children in Muscogee

$

County

50,000

Columbus/ Muscogee County

Purchase defibrillators for public safety vehicles, schools and CPR training in Middle and high schools in $ Muscogee County

50,000

Columbus/ Muscogee County

Contract for services with the Springer Opera House for

renovation project in Muscogee County

$ 125,000

Columbus/ Muscogee County

Contract for services with Metropolitan Columbus Task Force to provide services to the homeless in Muscogee $ County

25,000

Gwinnett County Renovation of gym floor at Mason Elementary in

Board of

Gwinnett County

Education

$ 20,000

Douglas County Technology support equipment and needs assessment for Douglas CORE

$

10,000

738

JOURNAL OF THE HOUSE

City of Berkeley Greenspace acquisition for City of Berkeley Lake Lake

$

Columbus/ Muscogee County

Contract for services with Chattahoochee Valley Vet. Council for building restoration in Muscogee County $

Jeff Davis County

Purchase defibrillators for Jeff Davis County Fire 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 Crawfordville

Renovation of Crawfordville City Hall/ Welcome Center

$

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

THURSDAY, FEBRUARY 14, 2002

739

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

$

South Georgia Purchase library truck for South Georgia Regional

Regional

Library in the City of Valdosta

$

Library Trustees

Augusta/ Richmond County

Contract for services with the Augusta Youth Center for

youth inner city youth program

$

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 Initiative to provide personnel, books and materials for $ 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 County Board of Education

Purchase classroom furniture, equipment and carpet for

Chattahoochee County Education Center

$

DeKalb County Purchase equipment for McNair Middle School in

Board of

DeKalb County

$

Education

15,000 30,000 15,000 10,000 10,000
5,000 25,000 20,000
5,000 16,000 33,000 10,000

740

JOURNAL OF THE HOUSE

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 County Board of Education

Playground equipment and improvements for the North

Harlem Elementary School in Columbia County

$

Columbia

Security fence around campus of Blue Ridge

County Board Elementary in Columbia County

$

of Education

Columbia County Board of Education

Outdoor classroom for Greenbriar Elementary School in

Columbia County

$

Columbia

Purchase wireless technology upgrade at Martinez

County Board Elementary in Columbia County

$

of Education

Columbia County Board of Education

Purchase wireless technology upgrade at Stevens Creek

Elementary in Columbia County

$

Columbia County Board of Education

Outdoor classroom for Westmont Elementary School in

Columbia County

$

Columbia

Outdoor Classroom for Lakeside Middle School in

County Board Columbia County

$

of 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

$

30,000 30,000
5,000 2,000 5,000 5,000 5,000 5,000 2,000 10,000 25,000 50,000

THURSDAY, FEBRUARY 14, 2002

741

Jenkins County Purchase of Millen/Jenkins County Rescue Unit Vehicle

$

Wayne County Library Trustees

Purchase of storm windows for Wayne County Library

$

Bryan County Board of Education

Purchase playground equipment for Lanier Elementary

in Bryan County

$

Douglas County Science Lab technology equipment for Alexander High

Board of

School in Douglas County

$

Education

Tattnall County Board of Education

Repair roof on the Glenville Middle School gymnasium

in Tattnall County

$

Tattnall County Purchase band uniforms and instruments for Tattnall

Board of

County schools

$

Education

Tattnall County

Purchase emergency equipment Management Agency

for

Tattnall

Emergency

$

City of Claxton Purchase a traffic unit vehicle for Claxton Police Department

$

City of Claxton

Purchase protective gear and breathing apparatus tanks for Claxton Volunteer Fire Department

$

Clayton County Purchase of television equipment for Mount Zion High

Board of

School in Clayton County

$

Education

Clayton County Purchase supplemental teaching materials for Morrow

Board of

High School in Clayton County

$

Education

10,000 5,000
10,000 20,000
5,000 5,000 10,000 5,000 5,000 10,000 15,000

742

JOURNAL OF THE HOUSE

Clayton County Purchase of safety cameras for Jonesboro High School

Board of

in Clayton County

$

Education

Clayton County Purchase of teaching supplies for Morrow Middle

Board of

School in Clayton County

$

Education

Clayton County Purchase of supplies for health clinic at Adamson

Board of

Middle School in Clayton County

$

Education

Chatham County

Promote and enhance leisure opportunities in Chatham County and provide capital equipment improvements

$

Columbia

Purchase wireless technology upgrade at Riverside

County Board Middle School in Columbia County

$

of Education

Columbia County Board of Education

Athletic improvements for Greenbriar High School in

Columbia County

$

Columbia County Athletic improvements at Lakeside High School in

Board of

Columbia County

$

Education

City of Milledgeville

Operation of the Convention and Visitors Bureau in the City of Milledgeville

$

Clarke County Renovation of the Athens Regional Attention Home youth emergency shelter in Clarke County

$

City of Andersonville

Printing and mailing Andersonville Trail Association brochures

$

City of Montezuma

Construct parking spaces and enlarge driveway access at the Montezuma City Hall

$

Clarke County Purchase customized box truck to transport art for Georgia Museum of Art in Clarke County

$

10,000 15,000
5,000 45,000 10,000 15,000 15,000 15,000 25,000
5,000 10,000 40,000

THURSDAY, FEBRUARY 14, 2002

743

Sumter County Board of Commissioners

Purchase Fire Truck and associated communications equipment for S.W. Sumter Volunteer Fire Department $

78,000

Ware County Board of Education

Improvements to the Ware County High School Stadium

$ 35,000

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 of Department

$

Education

10,000

Franklin County Purchase computer equipment for Life Connections

Board of

Program at Franklin City High School

Education

$ 10,000

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

Board of

Franklin County

Education

$ 20,000

City of Franklin Purchase fire truck for City of Franklin Springs Springs

$ 25,000

Columbus/ Muscogee County

Contract for services with Boys and Girls Club of Columbus to provide computer services program in Muscogee County

$ 120,000

City of Rome

Renovate elevator 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

744

JOURNAL OF THE HOUSE

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 Board of Education

Construction of dugouts, scorer's booth/press box, and

fencing at the girls' fast pitch softball facilities at

$

Lassiter High School in Cobb County

Cobb County Board of Education

Construct football field, repair sprinkler system and construct/renovate storage building for Sprayberry High $ School in Cobb County

Cobb County Board of Education

Construction of a storm sewer drainage system at the football concession stand facilities for Sprayberry High $ School in Cobb County

City of Savannah Build bronze monument commemorating history of African Americans for the City of Savannah

$

Murray County Enhancements for Murray County Senior Citizens Center programs and provide transportation needs

$

City of Chatsworth

Historic restoration project for the City of Chatsworth $

Columbia County Construct multi-purpose athletic building at Harlem

Board of

High School in Columbia County

$

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

20,000 5,000
15,000 25,000 10,000 10,000 10,000 20,000 35,000 15,000 10,000

THURSDAY, FEBRUARY 14, 2002

745

City of Jefferson Renovation of Jefferson High School health occupation

Board of

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/ Richmond County

Purchase computers for Augusta/Richmond County

Weed and Seed literacy program

$

Randolph County Replace carpeting and repair damage to walls of

Board of

Randolph/Clay High School

$

Education

Banks County Construction cost share for two fire stations in Banks

Board of

County

$

Commissioners

Meriwether

Purchase band uniforms and provide baseball field at

County Board of Manchester High School in Meriwether County

$

Education

Augusta/ Richmond County

Contract for services with New Savannah Road Social

Services for Multiple Purpose Community Center to accommodate expansion of services in Richmond

$

County

Augusta/ Richmond County

Contract for services with New Hope Community

Center in the City of Augusta

$

Muscogee

JROTC equipment enhancements for Kendrick High

County Board of School in Muscogee County

$

Education

10,000 10,000 22,000 10,000 20,000 25,000 30,000 50,000 10,000 10,000

746

JOURNAL OF THE HOUSE

McDuffie County Purchase Life Cardiac Monitor and cell phones for EMS staff in McDuffie County

$

Chatham County Construct a multi-use neighborhood park in Chatham County

$

City of Guyton Purchase a front-end loader/backhoe for City of Guyton $

Effingham

Purchase rescue equipment for Clyo Volunteer Fire

County Board of Department in Effingham County

$

Commissioners

Bryan County Board of Education

Technology lab for Bryan County Elementary School in

Bryan County

$

Cobb County

Install fencing and netting at Big Shanty Park in Kennesaw, Georgia

$

DeKalb County Create an outdoor environmental classroom at Toney

Board of

Elementary School in Dekalb County

$

Education

DeKalb County Contract with The Forest at Columbia Resident

Association for after school tutorial and computer

$

program in DeKalb County

City of Atlanta

Installation of handicapped equipment at public venues for South East Community Cultural Center, Inc. in the $ City of Atlanta

City of Valdosta Contract with Keep Valdosta/Lowndes Beautiful to provide an anti-litter program

$

Screven County Library Trustees

Purchase materials update for Screven County Library

$

DeKalb County Purchase school marquee for Columbia Elementary

Board of

School in DeKalb County

$

Education

2,000 10,000 10,000 10,000
5,000 15,000
7,000 2,000 10,000 5,000 30,000 6,000

THURSDAY, FEBRUARY 14, 2002

747

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

Commission

Crawford County

$

DeKalb County Contract with Lynwood Park Community Project, Inc.

Board of

for home renovation project and purchase of supplies $

Commissioners and 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 Board of Education

Purchase and install safety lights from main building to P.E. building at Kincaid Elementary in Cobb County $

Macon County

Purchase computer system for Macon County Sheriff's Department

$

City of Dalton

Contract for services with the Home in the City of Dalton

Northwest Georgia Girls'

$

10,000 10,000
5,000 22,000 20,000 25,000 20,000 25,000 30,000 20,000
5,000 20,000 10,000

748

JOURNAL OF THE HOUSE

Hall County Board of Education

Recondition the East Hall baseball field in Hall County $

Macon County Renovation of portion of Oglethorpe Government Office Building

$

Chattooga County Library Trustees

Purchase and install ceiling fans and door at Chattooga

County Library

$

City of Rome

Children Helping Children funding for at risk children in City of Rome and Floyd County

$

City of Vidalia

Pave parking lot at the Ed Smith Complex for the City of Vidalia

$

DeKalb County

Provide women's support programs through the Newcomer's Network Refugee Service Organization in $ 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 County

Cobb County Board of Education

Construct bleachers at Osborne High in Cobb County $

Cobb County Replace Security System at Osborne High in Cobb

Board of

County

$

Education

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for Northcutt Elementary in Clayton County $

Education

City of Smyrna Construction of a deck at the Smyrna Community Center

$

35,000 20,000 10,000 20,000 20,000
5,000 2,000 10,000 10,000 5,000 5,000

THURSDAY, FEBRUARY 14, 2002

749

Fannin County Construct two fire stations for Fannin County Fire Department

$

Greene County Board of Commissioners

Tourism marketing project for Georgia's Lake Country

in Greene County

$

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for Oliver Elementary School in Clayton

$

Education

County

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for North Clayton Middle School in Clayton $

Education

County

Augusta/ Richmond County

Contract for services with Augusta/Richmond Opportunities Center, Inc. to provide after school and $ enrichment programs

City of Climax

Renovation of the Community Senior Citizens Center for the City of Climax

$

Chattahoochee County

Purchase computer, printer and internet service for the Chattahoochee County Sheriff's Department

$

City of Lavonia Purchase of vehicle and equipment for the Lavonia Police Department

$

City of Toccoa Field improvements for City of Toccoa Little League $

Dougherty County

Construct and landscape a memorial to Confederate soldiers in Dougherty County

$

City of Talbotton City of Talbotton downtown revitalization project

$

Town of Thunderbolt

Assistance with critical water/well restoration project in the City of Thunderbolt

$

Colquitt County Facilitate improvements in the Autreyville Community

Board of

Volunteer Fire Department in Colquitt County

$

Commissioners

10,000 15,000
5,000
5,000
5,000 10,000
4,000 25,000 15,000 25,000 20,000 35,000 15,000

750

JOURNAL OF THE HOUSE

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

Board of

programs for North Clayton High School in Clayton $

Education

County

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for West Clayton High School in Clayton $

Education

County

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

$

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 Infrared Fire Helmet for firefighters in Glynn County

$

Elbert County Start up of communities in schools in Elbert County $

5,000 10,000 10,000
5,000
5,000 20,000 30,000 30,000 10,000 50,000
8,000 1,000

THURSDAY, FEBRUARY 14, 2002

751

Richmond

Purchase equipment and furnishings for use in the

County Board of Technical Education Program at Glenn Hills High

$

Education

School in Richmond County

City of Cairo

L.B. and Eula Powell Memorial Youth Fund, Inc. to

provide after school tutorial program in the City of

$

Cairo

City of Glennville Recreation improvements for Glennville Recreation Department

$

Greene County Partial restoration of historic Greene County jail

$

Meriwether

Football field enhancements and landscape project for

County Board of Greenville High School in Meriwether County

$

Education

Greene County Purchase and install fence around Greene County airport

$

Effingham County

Training equipment for Effingham County Sheriff's Department

$

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for Church Street Elementary School in

$

Education

Clayton County

City of Concord Purchase fire truck (Tanker) for the City of Concord $

Montgomery County

Assist with recreational facility improvements in Montgomery County

$

Wheeler County

Purchase sports equipment and provide improvements to recreation department in Wheeler County

$

City of Fargo Construct basketball courts for the City of Fargo

$

Fannin County Repair roof and install air conditioning at the Appalachian TMC Regional Campus Council, Inc. in $ Fannin County

10,000
8,000 10,000 20,000 30,000 22,000
5,000 5,000 50,000 10,000 10,000 10,000 20,000

752

JOURNAL OF THE HOUSE

City of Patterson Purchase fire equipment for the City of Patterson

$

Elbert County

Purchase building for office and concession stand at McWilliams Park in Elbert County

$

Oconee Regional Purchase computers, software and equipment for Library Trustees Oconee Regional Library in the City of Dublin

$

Lincoln County Complete pavilion in a park in Lincoln County

$

City of

Addition to athletic field house at Gordon Lee High

Chickamauga Board of

School for the City of Chickamauga

$

Education

City of Savannah Building/display project for Steamship Savannah

$

Town of Allentown

Construction of a city hall/fire house in Allentown

$

Oglethorpe County

Purchase bleachers and construction of football field in Oglethorpe County

$

Greene County Purchase lights for track field at the high school in

Board of

Greene County

$

Education

Oglethorpe

Purchase band uniforms for high school in Oglethorpe

County Board of County

$

Education

Putnam County Repair boiler system in Putnam County Hospital

Hospital

$

Authority

Fulton County Board of Education

Transportation for low-income, low achieving students following an academic after-school program in Fulton $ County

City of Lincolnton

Downtown revitalization around Lomar Springs for the City of Lincolnton

$

5,000 10,000
5,000 12,000 20,000 10,000 50,000 21,000
3,000
10,000
25,000
5,000 5,000

THURSDAY, FEBRUARY 14, 2002

753

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 Board of Education

Contract with Family Technology Resources for after

school tutorial program, purchase supplies, books,

$

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

$

Authority

Turner County Purchase computer and other equipment for 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 $

25,000 10,000
30,000 20,000
3,000
15,000 5,000 5,000 5,000 5,000 5,000 5,000
20,000

754

JOURNAL OF THE HOUSE

City of Mt. Zion

Purchase of equipment for primary health care center in the City of Mt. Zion

$

City of Temple Gymnasium for recreational use in the City of Temple $

Fulton County

Implement greenspace program at the Williams Payne Community Center in Fulton County

$

Meadows

Purchase furniture for Meadows Regional Medical

Regional Medical Center student residences in the City of Vidalia Center Hospital

$

Authority

DeKalb County Board of Education

Contract with Robert Shaw Theme School Interchange

Program in DeKalb County

$

Wilkes County Refurbish county EMS headquarters in Wilkes County $

City of Chickamauga

Preservation project for historic downtown City of Chickamauga

$

Elbert County

Construct building for Sweet City Fire Department in Elbert County

$

Bibb County

Operating expenses for Adopt-Role-Model program in Bibb County

$

Bibb County

Operating expenses for Middle Georgia Council on Drugs in Bibb County

$

City of Fort Oglethorpe

Road improvements within the City of Fort Oglethorpe $

Clayton County Purchase computer equipment for Kendrick Middle

Board of

School in Clayton County

$

Education

Marion County Board of Education

Purchase band uniforms for Tri-County High School in

Marion 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

THURSDAY, FEBRUARY 14, 2002

755

Calhoun County Purchase air compressor and breaker for high school in

Board of

Calhoun County

$

Education

30,000

Irwin County Repair library building and expansion of services in Library Trustees Irwin County

$ 10,000

Camden County Tennis courts and satellite equipment for Camden

Board of

County High School

Education

$ 40,000

Bibb County

Operating expenses for Tubman African American Museum in Bibb County

$ 150,000

Bibb County

Operating expenses for Hay House in Macon in Bibb County

$

50,000

Emanuel County Improvements to Technology Park in Emanuel County $ 75,000

Jackson County Update Self Contained Breathing Apparatus (SCBA) for the Jackson County Fire Department

$

10,000

Glynn County

Obtain architectural design funds for Lighthouse Museum addition in Glynn County

$ 7,000

Clayton County Purchase band uniforms for Riverdale High School in

Board of

Clayton County

$

Education

20,000

Fulton County Board of Commissioners

Contract with Inner Strength, Inc. to provide mentoring

and tutorial programs in Fulton County

$

3,000

City of Metter

New fencing for softball fields at the Metter Candler Recreational Park in the City of Metter

$

5,000

City of Macon

Operating expenses for Douglass Theater in the City of Macon

$

50,000

756

JOURNAL OF THE HOUSE

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

Board of

Cardinal's Roost located at Livingston Elementary

$

Education

School in Newton 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 Purchase police car for 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

Board of

Elementary School in Brantley County

$

Education

50,000 5,000
5,000
5,000 10,000 10,000 10,000
5,000 5,000 15,000 5,000 5,000

THURSDAY, FEBRUARY 14, 2002

757

DeKalb County Purchase computers and computer equipment for Bob

Board of

Mathis Elementary School in DeKalb County

$

Education

DeKalb County Program to compliment PTA program at Edward L.

Board of

Bouie, Sr. Elementary School in DeKalb County

$

Education

City of Swainsboro

Operating funds for the City of Swainsboro

$

City of Glennville Purchase equipment or protective gear for Glennville Fire Department

$

City of Waynesboro

City of Waynesboro Phase II Historic Beautification Project.

$

Augusta/ Richmond County

Assist Golden Harvest Food Bank with warehouse expansion and program operation in Richmond County $

City of Powder Springs

Construction of the Powder Springs Veterans Memorial $

Randolph County

Purchase a van to transport handicapped by hospital and nursing home in Randolph County

$

Eastman/Dodge Utility construction in Eastman/Dodge County

Development

$

Authority

Athens/Clarke Health education and outreach program at Athens

County

Neighborhood Health Center

$

DeKalb County Program to compliment PTA program at Naarvie J.

Board of

Harris Elementary in DeKalb County

$

Education

Charlton County Purchase computer carts and equipment for St George

Board of

Elementary in Charlton County

$

Education

15,000 1,000 10,000 5,000 23,000 25,000 15,000 25,000 25,000 25,000 1,000 1,000

758

JOURNAL OF THE HOUSE

DeKalb County Board of Education

Program to compliment PTA program at Rainbow Elementary school in DeKalb County

$ 1,000

Liberty County Board of Education

Construct sidewalks around parking area and school at

Midway School in Liberty County

$

35,000

DeKalb County Program to compliment PTA program Cedar Grove

Board of

High School in DeKalb County

$ 1,000

Education

City of Atlanta

Operational expenses related to the community without walls and mainstage productions at Jomandi Theater in $ the City of Atlanta

300,000

City of Wrightsville

Purchase of public safety equipment for the City of Wrightsville

$ 20,000

DeKalb County Program to compliment PTA program at Southwest

Board of

DeKalb High School in DeKalb County

$

Education

1,000

City of Omega Construct a community shelter and purchase picnic tables and other equipment in City of Omega

$ 15,000

DeKalb County Program to compliment PTA program at Bob Mathis

Board of

Elementary School in DeKalb County

$

Education

1,000

DeKalb County Board of Education

Program complimenting PTA program at Browns Mill

Elementary School PTA in DeKalb County

$

1,000

DeKalb County Board of Education

Program complimenting PTA program at Cedar Grove

Elementary in DeKalb County

$

1,000

DeKalb County Programs complimenting PTA program at Chapel Hill

Board of

Elementary in DeKalb County

$

Education

1,000

THURSDAY, FEBRUARY 14, 2002

759

DeKalb County Program to compliment PTA program at Clifton Hill

Board of

Elementary in DeKalb County

$

Education

Bibb County Board of Education

Purchase band uniforms at Southwest High School in

Bibb County

$

Fulton County Board of Education

Contract for services with the Old National Merchants Association for after school program in Fulton County $

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

1,000 10,000 45,000
1,000 1,000 17,500 15,000 5,000 5,000 5,000 25,000

760

JOURNAL OF THE HOUSE

DeKalb County

Contract with South DeKalb YMCA to provide for after school tutorial in DeKalb County

$

Fulton County Board of Commissioners

Contract for services with Atlanta Business League for

educational program in Fulton County

$

Washington County Commission

Purchase equipment for Washington County Hospital $

City of Sandersville

Repair of Community Health Building for the City of Sandersville

$

Bacon County Purchase kitchen equipment for the Alma/Bacon County Veterans of Foreign Wars

$

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

Terrell County Purchase 911 Incoming Recorder in Terrell County Commission

$

City of Norman Park

Purchase computer and public safety equipment for the City of Norman Park Police Department

$

City of East Dublin

Expansion of water and sewer and right of way purchase for the City of East Dublin

$

City of Rockmart

Recreation funds for City of Rockmart and little league program

$

City of Aragon Recreation funds for the City of Aragon

$

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

City of Alma

Improvements and furnishings for Masonic Lodge and Martin Luther King Jr. Park in the City of Alma

$

5,000 5,000
60,000 50,000
1,000 5,000 30,000 5,000 10,000 45,000 25,000 5,000 15,000

THURSDAY, FEBRUARY 14, 2002

761

City of Soperton Purchase of public safety equipment for the City of Soperton

$

Gwinnett County Construction of restroom and concession facilities for

Board of

Grayson High School in Gwinnett County

$

Education

City of Kingston Study of and improvements to the City of Kingston water system and drilling of new well

$

City of Euharlee Recreation funding for the City of Euharlee

$

City of Cedartown

Recreation improvements for the City of Cedartown $

Polk County

Funding for the Polk County Children's Advocacy

$

City of Stillmore Construct new 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 Board of Education

Paving driveway and parking lots of new middle school

in Heard County

$

Crawford County

Improve/upgrade physical plant of gymnasium housing Boys and Girls Clubs of Roberta in Crawford County

$

Bacon County Board of Education

Purchase band uniforms and equipment for the Bacon

County High School

$

Newton County Purchase playground improvements and construction at

Board of

Porterdale Elementary School in Newton County

$

Education

17,000 20,000 25,000 25,000 45,000 25,000
5,000 5,000 1,000 20,000 40,000 10,000 5,000
5,000

762

JOURNAL OF THE HOUSE

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

$

Walton County Construct Fitness trail in West Walton County Park

Board of

$

Commissioners

Bibb County Board of Education

Purchase costumes and stage equipment for Show Choir

at Central High School in Bibb County

$

Brantley County Brantley County Historical Society equipment, fire department funds, recreation park and walking track

$

15,000 70,000 10,000 20,000
5,000 25,000 10,000 10,000 15,000 20,000
10,000 20,000

THURSDAY, FEBRUARY 14, 2002

763

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

Columbus Consolidated Government

Maintenance and operation expense for the Liberty Theater Cultural Center, Inc. in the City of Columbus $ 125,000

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 Sewer repairs for the City of Clayton

$ 65,000

764

JOURNAL OF THE HOUSE

Rabun County Battered women's shelter in Rabun County

$

Rabun County Operation of Rabun Youth Center in Rabun County $

Rabun County Purchase land for Rabun County Day Care

$

Wilkinson County

Purchase mini bus for Wilkinson County 4-H program $

City of Atlanta

Contract with Cascade Ministries, Inc. to provide for Cascade Job Training Initiative for the City of Atlanta

$

Fulton County Board of Education

Purchase of technology/computer for classroom use at

Medlock Bridge Elementary in Fulton County

$

Fulton County Board of Education

Create an Environmental Outdoor classroom At Ocee

Elementary School in Fulton County

$

Fulton County Board of Education

Purchase of computer lab on wheels for the State Bridge

Elementary School in Fulton County

$

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 Pave parking lot at drivers license facility in Rock Spring

$

Columbus Consolidated Government

Business incubator and job training for at-risk teenagers

and young adults in the City of Columbus

$

10,000 14,000 55,000 28,000 10,000 15,000
10,000
15,000 20,000 50,000 10,000
8,000 60,000

THURSDAY, FEBRUARY 14, 2002

765

Fulton County Purchase and install surface for Milton High School

Board of

track 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 renovate 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 Consolidated Government

Contract for services with Project Rebound for community based intervention program for students at- $ risk in the City of Columbus

DeKalb County

Emergency funding for Reach School and Elaine Clarke Schools for special need students in DeKalb County

$

Dougherty County

Contract for services with River Road, Inc. d/b/a SAFEC to 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

20,000 27,000 20,000 15,000 40,000 20,000 12,000 50,000 40,000 10,000 15,000 12,000

766

JOURNAL OF THE HOUSE

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

Board of

Old Hubbard Dormitory Building in Monroe County $

Education

Baker County Board of Education

Contract with Georgia Empowerment and Resources to

promote growth and development of community in

$

Baker County

City of Cadwell

Purchase of equipment and improvements for the City of Cadwell

$

Gwinnett County Purchase outdoor activity equipment for Annistown

Board of

Elementary School in Gwinnett County

$

Education

DeKalb County Purchase signage for Rock Chapel Elementary school

Board of

grounds in DeKalb County

$

Education

Monroe County Recreation park construction and improvements in Monroe County

$

City of Donalsonville

Renovate and make streetscape improvements in the City of Donalsonville

$

DeKalb County

Contract for services with IAM, Inc. to provide tutorial and leadership programs for South DeKalb County

$

Columbus Consolidated Government

Renovation of Memorial Stadium for expansion of facility and maintenance and operation of Adah-Air, $ 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

$

City of Cairo

Refurbishment and equipment for City of Cairo Movie House

$

20,000 5,000 10,000 25,000 15,000 30,000 3,000 25,000 20,000 9,000 50,000 10,000 25,000

THURSDAY, FEBRUARY 14, 2002

767

Columbus Consolidated Government

Youth mentoring program for the City of Columbus $

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 Board of Education

Purchase of band uniforms for Lithonia High School in

DeKalb County

$

Bleckley County Improvements to the Bleckley County Courthouse

$

Dodge County Improvements in athletic program at Dodge County

Board of

High 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

Board of

Forrest 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 Character Education Seminars for students at

Board of

Stephenson Middle School in DeKalb County

$

25,000 10,000 5,000 8,000 25,000 25,000 20,000 5,000 9,000
20,000
4,000 2,000 20,000

768

JOURNAL OF THE HOUSE

Education

Telfair County Industrial development in Telfair County

Development

$

Authority

City of Donalsonville

Purchase mosquito spraying machine for the City of Donalsonville

$

City of Atlanta Create new and upgrade existing baseball fields and facilities at Mozley Park and Center Hill Park in the $ City of Atlanta

Monroe County Develop inspection and preservation plan for Monroe County Confederate Memorial Statue

$

DeKalb County

Contract for services with Trinity Warriors Youth Association to provide program and equipment needs in $ DeKalb County

City of Monticello

Develop inspection and preservation plan for the City of Monticello Confederate Memorial Statue

$

Gwinnett County Purchase educational materials equipment and capital

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 Board of County High School

$

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 Board of Education

Improvements, repairs, equipment, and renovations for

Rose Bowl Field in Jasper County

$

25,000 10,000 30,000 2,000 3,000 2,000 22,500 10,000 22,000
500 35,000 32,000

THURSDAY, FEBRUARY 14, 2002

769

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 Lake Restoration and reconstruction of historic lake in the City of Pine Lake

$

City of Atlanta Board of Education

Technology Learning Initiative for computer purchases at Benjamin E. Mays High School in the City of Atlanta $

DeKalb County Neighborhood beautification project for the Toney Valley Civic Association in DeKalb County

$

Meriwether

Repairs to the gym at Greenville High School in the

County Board of City of Greenville

$

Education

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 atrisk 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 County Randolph County airport

$

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

770

JOURNAL OF THE HOUSE

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

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

Stephens County Building improvements to help house truck and equipment in Stephens County

$ 10,000

Stephens County Purchase equipment and office supplies for the Senior Citizens Center in Stephens County

$

20,000

Augusta/ Richmond County

Increase the programs and services at the Augusta Museum of History

$ 25,000

Augusta/ Richmond County

Organizational support for the operation of the Lucy Craft Laney Museum of Black History in Richmond $ 25,000 County

Augusta/ Richmond County

Provide funding to the Harrisburg Westend Neighborhood Association to purchase food for the poor in the City of Augusta

$ 25,000

City of Atlanta

Residential improvement and economic development for the Pittsburgh Community in the City of Atlanta

$

25,000

Hall County

Umbrella for Operation Center, Search and Rescue and radio room in Hall County

$

35,000

City of Waco

Run water and sewer to new vocational/technical school in the City of Waco

$

300,000

THURSDAY, FEBRUARY 14, 2002

771

City of Bremen Expansion of Senior Citizens Complex in the City of Bremen

$ 200,000

City of Warner Robins

Operating expenses at the Air Force Museum in Warner Robins

$

90,000

Cobb County Board of Education

Renovation and construction of athletic field at Kennesaw Mountain High School in Cobb County

$ 35,000

Meriwether

Drivers education programs at Manchester and

County Board of Greenville High Schools in Meriwether County

Education

$ 36,000

City of Columbus Contract for services with Community Health Services for community health care in the City of Columbus

$

25,000

Columbus/ Muscogee County

Contract for services with Community Outreach Program

$ 35,000

Bibb County

Operating funds to Breezy Hill center for mentally retarded

$ 71,000

City of Albany Contract for services with East Albany Service League $ 25,000

City of Lithonia Provide funds for South Dekalb Arts Expo

$ 75,000

Fulton County Fund general operating expenses to AUDIENCE, Inc.

Board of

in south Fulton County

$

Commissioners

25,000

Jenkins County Renovate theater building in Jenkins County Commission

$ 10,000

Effingham County Commission

Storage and preservation of historic records in Effingham County

$ 10,000

City of Cairo

Renovations to the Zebulon movie theater in the City of Cairo

$

25,000

772

JOURNAL OF THE HOUSE

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 County Retire loan on Hamilton House for Whitfield/Murray

Commission

Historical Society in Whitfield County

$

City of Atlanta Funds for the Black Arts Festival in the City of Atlanta $

City of Statesboro Renovation and operating expenses for Statesboro Arts Council

$

City of Decatur Revitalize three buildings within the Historic Complex

at Adair Park in the City of Decatur

$

Taliaferro County Renovate the Clock Tower of the Taliaferro County

Board of

Courthouse

$

Commissioners

City of East Point Fund exploratory study into amphitheater feasibility in South Fulton County

$

City of Donalsonville

Renovation to the interior of historic City Hall in the City of Donalsonville

$

City of Warrenton

Renovation of the Warrrenton City Hall and the historic gymnasium

$

Richmond County Commissioners

Operational funds for The Augusta Museum of History

in Richmond County

$

City of Columbus Use of arts and handicrafts to provide activities for citizens of the City of Columbus

$

Lowndes County Commissioners

Caboose relocation and renovation in Lowndes County

$

20,000 40,000 50,000 27,000 50,000 15,000 10,000 20,000 25,000 25,000 35,000 25,000 10,000 20,000

THURSDAY, FEBRUARY 14, 2002

773

Richmond

Help restore services for the Augusta Opera in

County

Richmond County

$

Commission

Richmond

Assist with additional cost of matinees and expand

County Board of program for the Augusta Players

$

Commissioners

Richmond

Purchase equipment for the new facility at the Davidson

County Board of School of Fine Arts in the City of Augusta

$

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 of Meriwether County

$

Education

Fulton County Commission

Funds for the Kids Gym USA education through preschool in Fulton County

$

Pelham City Public Schools

Replace tennis courts at schools in the City of Pelham $

City of Colquitt Purchase lighting for the football/soccer field in the City of Colquitt

$

Richmond

Funding for the Augusta Youth Center, Inc

County Board of

$

Commissioners

25,000
10,000
50,000 55,000 27,750 25,000 10,000 10,000 25,000 25,000 20,000 15,000 5,000

774

JOURNAL OF THE HOUSE

Dekalb Board of Replace equipment at Druid Hills High School in

Education

DeKalb County

$ 30,000

Paulding County Funds for recreation and equipment for Paulding

Board of

County Board of Education

Education

$ 50,000

Richmond

Purchase additional lighting for little league fields in

County Board of Richmond County

$ 20,000

Commissioners

Polk County Board of Education

Purchase band uniforms for the new Rockmart High School Band and make improvements to recreational $ 20,000 building in Polk County

Dekalb County Board of Commissioners

Funds for computer lab to provide training for innercity youth in Dekalb County

$ 185,000

Douglas County Commission

Construct a PlayGarden for children in Douglas County $

25,000

City of Augusta Assist with the mentoring program at the Augusta Youth Center, Inc.

$ 5,000

Richmond County Commission

Purchase boxing equipment for the Augusta Boxing Club

$ 25,000

DeKalb County Board of Commissioners

Field improvements at the Scottsdale Athletic Association in Dekalb County

$ 25,000

Bibb County Board of Education

Funding for the Central High School Academic Decathalon team to attend national competitions

$ 10,000

Brooks County Board of Education

Purchase school bus security cameras in Brooks County $

20,000

THURSDAY, FEBRUARY 14, 2002

775

Richmond County Commissioners

Operational expenses for Southside Tutorial Program in

Richmond County

$

30,000

Haralson County Purchase band uniforms for Haralson County High

Board of

School

Education

$ 25,000

Richmond County Commission

Purchase additional lighting for West Augusta Little

League Fields in the City of Augusta

$ 20,000

Richmond County Commissioners

Save Our Students operational funds for National Legacy Foundation in Richmond County

$ 100,000

City of Morrow Park improvements for the City of Morrow

$ 20,000

Clayton County Commissioners

Boys' mentoring programs at Haney's Harvest House in Clayton County

$

45,000

City of Valdosta

Purchase and install playground equipment for Fellowship and Hightower Parks in the City of Valdosta

$

30,000

City of Milan Refurbish basketball gym in Milan

$ 10,000

City Lyons

Purchase playground equipment in the City of Lyons $ 20,000

Irwin County Purchase transportation for Irwin County 4H Club Commissioners

$ 5,000

City of Cedartown

Recreational and park funds for the City of Cedartown $ 25,000

DeKalb County Board of Education

Renovations at Hebrum High School in Dekalb County $

7,500

Grady County Commission

Seminars for youth in Southwest Georgia in Grady County

$ 10,000

776

JOURNAL OF THE HOUSE

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 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 Commission

Construction of traffic light in Troup County and Troup High School entrance

$

Cobb County Board of Education

Lighting and other improvements for the soccer field at

South Cobb High School in Cobb County

$

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 Board of Education

Purchase marching band truck for Pope High School in

Cobb County

$

10,000 18,000 45,000 25,000 10,000 27,800 25,000 40,000 50,000 10,000 25,000 8,000 20,000

THURSDAY, FEBRUARY 14, 2002

777

City of College Park

Renovate 1921 S.R. Young School into the Tri-Cities Arts Center in the City of College Park

$

DeKalb County

Funds for materials, transportation, meals, training, and other program expenses in DeKalb County

$

Rabun County Purchase recreational equipment for the citizens of Commissioners Rabun County

$

Cobb County For academic and facility initiatives at Pebblebrook

Board of

High School in Cobb County

$

Education

Screven County Purchase computer lab for Screven County High School

Board of

$

Education

City of Statesboro Improvements to Whitesville park in the City of Statesboro

$

Bulloch County Purchase equipment for Southeast Bulloch High School

Board of

ROTC

$

Education

Wayne County Commission

Construct restroom facilities at the ballpark in the City of Jesup

$

Brantley County Purchase property for baseball field in Brantley County

Board of

$

Commissioners

City of Columbus Fund educational program for youth in the City of Columbus

$

Johnson County Provide funds for Johnson County Recreation Library Trustees Department

$

Bibb County Board of Education

Funds for travel of Bibb County Southeast High School

student choir to attend international competition

$

10,000 50,000 15,000 55,000 25,000 7,000 10,000 30,000 20,000 30,000 5,000 15,000

778

JOURNAL OF THE HOUSE

Clayton County Continue program under the program goals of the

Board of

Youth Empowerment Project in Clayton County

$

Commissioners

DeKalb County Board of Commissioners

Lighting for soccer fields at the Stone Mountain Youth

Association in Dekalb County

$

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 Commission

Develop youth recreation and playground facilities in the City of Bogart

$

Rockdale County Purchase security cameras, monitor and installation at

Board of

Honey Creek Elementary in Rockdale County

$

Education

Randolph County Replace carpeting and repair damage to walls of

Commission

Randolph/Clay High School in Randolph County

$

City of Columbus Fund youth programs in the City of Columbus

$

Richmond County Commissioners

Operational funding for Delta House, Lucy Craft Laney

Museum in Richmond County

$

DeKalb County Board of Commissioners

Teach at-risk youth job readiness and business skills in

Dekalb County

$

City of Glennville Purchase playground equipment for recreation department in the City of Glennville

$

Chatham County Operating expenses at A.E. Beach High School in

Board of

Chatham County

$

Education

40,000 25,000 50,000 10,000 17,000 1,500 15,000 25,000 75,000 40,000 10,000 25,000

THURSDAY, FEBRUARY 14, 2002

779

Fayette County Funds for heating and air system for a new athletic

Board of

facility in Fayette County

$

Education

Richmond County Commissioners

Youth Leadership operational expenses for CSRA Economic Opportunity Authority in Richmond 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

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 Board of Education

Long County School System concession stand/sports

facility

$

Sumter County Acquisition of various instruments for the middle

Board of

school band in Sumter County

$

Education

DeKalb County Fund at-risk youth programs in DeKalb County

$

Cobb County Purchase outdoor lights for safety at Kincaid

Board of

Elementary School in Cobb County

$

Education

Fayette County Board of Education

Purchase new internet ready computers at Sandy Creek

High School in Fayette County

$

Jefferson County Purchase lighting for the girls' softball field in Jefferson

Board of

County

$

Education

25,000 50,000 20,000 25,000 25,000 25,000 50,000 17,287 50,000 5,000 25,000 40,000

780

JOURNAL OF THE HOUSE

City of Climax Restoration of the city gym in the City of Climax

$

City of Lincolnton

Construct a playground for the City of 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

$

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

15,000 30,000 50,000 10,000 5,554
40,000 25,000 48,000 10,000 25,000 15,000 10,000 30,000

THURSDAY, FEBRUARY 14, 2002

781

Laurens County Purchase computers and equipment in Laurens County

Board of

at East Laurens Elementary

$

Education

Gwinnett County Construct athletic facilities at Brookwood High School

Board of

in Gwinnett County

$

Education

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 Commissioners

Purchase equipment for use in testing and sound booth at Savannah Speech and Hearing in Chatham County

$

DeKalb County

Fund medical care for high-risk pregnant mothers and acutely ill patients in DeKalb County

$

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 County Commission

Programs at the East Augusta Learning Center in the

City 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

$

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

782

JOURNAL OF THE HOUSE

City of Pooler

Purchase and install new air conditioning units at gymnasium in the City of Pooler

$ 10,000

City of Columbus Funding for anti-drug community programs in the City of Columbus

$

15,000

Union County Commission

Planning for community center, youth center and double gym in Union County

$ 25,000

City of Atlanta Aid programs at the Herndon Home in the City of Atlanta

$ 30,000

Habersham County Commission

Purchase furniture and equipment for the Habersham

County Senior Center

$ 10,000

City of Sandersville

Improvements and equipment upgrades for Washington County Health Center

$

50,000

Calhoun County Funding of medical care for Calhoun County's indigent

Board of

patients at Calhoun Memorial Hospital

$

Commissioners

105,000

City of East Point Purchase van for after school program in the City of

East Point; enrichment courses; and purchase

$ 50,000

playground equipment

City of Macon

Construct an Intergenerational Activity Center at the Methodist Home for Children and Youth in Macon

$

20,000

Clayton County Develop a fitness center at Clayton County International

Board of

Park

$

Commissioners

39,000

City of Donalsonville

Construct pavilion in Donalsonville City Park

$ 25,000

Randolph County Purchase a van for handicapped patients in Randolph

Commission

County

$

7,500

Lowndes County Commissioners

Construct the James M. Beck Youth and Teen Center in Lowndes County

$

50,000

THURSDAY, FEBRUARY 14, 2002

783

Dekalb County Construct a new headquarters to expand Childkind's

Commission

programs in Dekalb County

$

City of Atlanta Board of Education

Provide funds for Morehouse and Morris Brown to develop materials for the City of Atlanta School System $

Chatham County Commissioners

Purchase Tympanometers and Oto-Acoustic 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 Columbus Establish a community resource center in the City of Columbus

$

Dekalb County Commission

Fund Hispanic women's entrepreneurial development program in Dekalb County

$

City of Atlanta

Funding for health initiative, youth empowerment, and senior citizens' programs in the City of Atlanta

$

City of Columbus Assist homeless families in the City of Columbus

$

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

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

784

JOURNAL OF THE HOUSE

Clayton County Purchase a mini-van for the Meals on Wheels program

Board of

in Clayton County

$

Commissioners

20,000

City of Atlanta

Fund Adair Park and Oakland City Senior Citizen Home Rehabilitation, Beecher/Cascade intersection improvements in the City of Atlanta

$ 30,000

Randolph County Furnish outpatient mental health/substance abuse

Commission

facility in Randolph County

$ 7,000

City of Columbus Residential care program in the City of Columbus

$ 5,000

City of Augusta Assist burn survivors and their families in the City of Augusta

$

20,000

Gwinnett County Construct concession stand and restrooms for the

Board of

Grayson Community Stadium Project, including lights $

Education

and seating in Gwinnett County

100,000

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

55,000

Muscogee

After school reading program for Dawson Elementary

County Board of and Cusseta Road Elementary Schools in the City of $

Education

Columbus

75,000

Richmond County Commissioners

Operational funding for the CSRA Transitional Center,

Inc. in Richmond County

$

40,000

Oconee County Purchase van for Senior Center in Oconee County Commission

$ 20,000

Athens-Clarke County Commission

Renovation of office space for Community Connection

staff in Athens-Clarke County

$

30,000

Fulton County Board of Education

Funding for Learning Disabilities Association of Georgia programs in Fulton County

$ 70,000

THURSDAY, FEBRUARY 14, 2002

785

Richmond County Commissioners

Operational funds for Beulah Grove Community Resource Center in Richmond County

$ 35,000

City of Concord Renovation of community center in the City of Concord $ 25,000

City of Augusta Operating funds for the Neighborhood Improvement Project for Richmond County

$

20,000

Barrow County Temporary staff and support for adult education and

Commission

employment center in Barrow County

$

10,000

DeKalb County Education and prevention program for 500 minority

Commission

mothers in Dekalb County

$ 20,000

Chatham County Fund Phase II of the Tatemville Gymnatorium in Commissioners Chatham County

$ 5,000

City of Harlem

Purchase Neighborhood Development Building in the City of Harlem

$

25,000

Terrell County Purchase a vehicle for the Kinchafoonee Regional Library Trustees Library in Terrell County

$ 17,000

Peach County Board of Commissioners

Facilitate the funding of medical care for Peach County's indigent patients

$ 100,000

City of Fairburn Fund mental health and substance abuse programs in

the City of Fairburn center for women and their

$ 25,000

children

Bartow County Funds to Bartow County for Etowah Foundation,

Commission

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

786

JOURNAL OF THE HOUSE

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 of Chehaw in Dougherty County

$

Commissioners

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

7,000 27,500 50,000 15,000 15,000 20,000 15,000 10,000 15,000 10,000 25,000 50,000

THURSDAY, FEBRUARY 14, 2002

787

Toombs County Construct athletic complex in the City of Vidalia Board of Education

$ 30,000

Jeff Davis County Provide funds for Safe and Sober program in Jeff Davis Commissioners County

$

10,000

Chatham County Purchase resource materials for the Parent Resource Commissioners Center and a counselor at Lutheran Ministries in
Chatham County

$ 10,000

Barrow County Provide abuse prevention programs in Children's

Commission

Advocacy Center in Barrow County

$ 10,000

Houston County Fund start-up costs for new residential program for

Commission

mentally ill adults in Houston County

$ 20,000

City of College Park

Provide scholarships and general operating costs at Promise Children's Home in the City of College Park

$

10,000

DeKalb County Construct a new community center in Dekalb County

Board of

$

Commissioners

25,000

Richmond County Commissioners

Operational funding for Delta Leadership Training Program in Richmond County

$ 20,000

City of College Park

Funds for after-school programs in the City of College Park

$

20,000

Fulton County Board of Commissioners

Operational expenses for United Community Association, Inc in Fulton County

$ 40,000

Dekalb County Commission

Construction of the International Village Cultural and Community Center in DeKalb County

$

150,000

City of Luthersville

Renovation of newly acquired city hall/community building and senior center in the City of Lutherville

$ 65,000

788

JOURNAL OF THE HOUSE

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 Commission

For the construction of North Bryan Industrial park in Bryan County

$

Randolph County Construct firestation/voting precincts in Springvale,

Commission

Carnegie and Randolph County

$

DeKalb County Commission

Expand parking facilities at both baseball and football 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

$

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

THURSDAY, FEBRUARY 14, 2002

789

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 Commission

Computer indexing of Deed Records in Dawson County $

City of Hagan Funds to purchase police car for the City of Hagan

$

White County Purchase supplies, equipment and computers for Boys

Board of

and Girls Club in White County

$

Commissioners

City of Alamo Beautification of park in downtown Alamo

$

Effingham

Development of Educational Center site and

County Board of infrastructure in Effingham County

$

Commissioners

Morgan Board of Commissioners

Construct Burn Trailer Fire Training Facility in Morgan County

$

Bryan County Commission

Purchase a four wheel drive unit for the fire department in 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

Commission

Fire Station and to upgrade equipment

$

Jasper County Rehabilitate four wells in Jasper County

Board of

$

commissioners

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

790

JOURNAL OF THE HOUSE

City of Winterville

Renovation to Winterville City Park and Winterville Depot, infrastructure and improvements

$

White County Board of Commissioners

Purchase automatic external defibrilators for Region 2

Emergency Medical Services in White County

$

Athens-Clarke County Commission

Provide programs to minority businesses in Northeast

Georgia

$

Decatur County Purchase Decatur County fire and rescue equipment $

Echols County Reimbursement to Echols County for capital felony

Commission

expenses incurred

$

City of East Dublin

Expansion of water and sewer facilities; purchase of 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 Commissioners

2001 Police Interceptor for the Long County Sheriffs' 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 Commission

Jail roof replacement and repair in Peach County

$

City of Claxton

Purchase firefighting protective gear and equipment for Claxton Fire Department

$

20,000 50,000
25,000 12,500 50,000 25,000 50,000 50,000 45,000 20,738 25,000 30,200 85,000 15,000

THURSDAY, FEBRUARY 14, 2002

791

Tattnall County Commission

Purchase safety equipment for Emergency 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 Commission

Purchase of new Class A pumpers in Bryan County

$

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

$

City of Kennesaw

Funds for Emergency Management Command Center 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

$

10,000 20,000 10,000 35,000 25,000
25,000 30,000 20,000 25,000 8,000 45,000 20,000 10,000 15,000 12,000

792

JOURNAL OF THE HOUSE

Wayne County Purchase fire fighting equipment for rural volunteer

Commission

fire departments in Wayne County

$

20,000

City of Acworth

Purchase Alco Sensors for the police department in the City of Acworth

$

6,000

City of Clayton Replacement of damaged sewer line in the City of Clayton

$ 25,000

City of Pooler

Complete Joe Baker Park Project on Highway 80 in the City of Pooler

$

5,000

City of Pooler Purchase new 800 mhz radios for the City of Pooler $ 10,000

City of Powder Repair and enhance safety on State Route 6 in West

Springs

Cobb County

$ 100,000

City of Vienna

Purchase a vehicle and a hydraulic rescue tool for the City of Vienna

$

44,350

Wilcox County Commissioners

Purchase land and develop an Industrial Park in Wilcox County

$

70,000

City of Boston Downtown Streetscape Project in the City of Boston $ 20,000

Lowndes County Resurface the driveway and parking lot in Lowndes Commissioners County

$ 25,000

Taylor County Construction of a facility and holding pen for cattle, Commissioners purchase of set of cattle scales in Taylor County

$ 65,000

City of Broxton Purchase tractor for beautification of the City of Broxton

$ 15,000

City of Columbus Funding for The Prison Rehabilitation Reclaiming of Prisoners in the City of Columbus

$

20,000

Bulloch County Pave the entry drive and parking area for the new

Commission

community park in Nevels

$ 15,000

City of White Sewage Pipeline in the City of White

$ 25,000

THURSDAY, FEBRUARY 14, 2002

793

City of Americus Landscaping, installing water lines, street construction,

and land acquisitions for cemeteries in the City of

$

Americus

Johnson County Commission

Funds for Raines Cross Road Community Facility and Fire Station in Johnson County

$

City of Brunswick

Repair city docks in the City of Brunswick

$

City of Bainbridge

Operating expenses for Bainbridge Welcome Center $

City of Ephesus Renovation of newly acquired city hall/community building in the City of Ephesus

$

Meriwether County Commission

Renovation and handicap accessible construction for

county commission offices in Meriwether County

$

Webster County Purchase a new cardiac monitor for EMS in Webster

Board of

County

$

Commissioners

Pike County Commission

Purchase communication equipment for the sheriff's 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

$

80,000 7,500 80,000 75,000 20,000 40,000
14,926 25,000 25,000 10,000 50,000 20,000 30,000

794

JOURNAL OF THE HOUSE

City of Atlanta Substance abuse programs in the City of Atlanta

$

Pierce County Board of Commissioners

Construct restroom and concession facilities in the City

of Blackshear

$

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 County Purchase equipment for Altamaha Fire Station 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

$

Richmond

Fund landscaping projects at Terrace Manor Elementary

County Board of School in Richmond County

$

Education

Richmond

Purchase a marquee for Edward E. Murphy Middle

County Board of School in Richmond County

$

Education

Floyd County Board of Education

Fund summer teacher workshop, video equipment and

supplies at Coosa High School in Floyd County

$

City of Montezuma

Construction of additional parking and widening of a service lane at Montezuma City Hall

$

Evans County Commission

Pave parking lot and infrastructure for Technical school in Claxton

$

60,000 30,000 25,000 20,000 6,000 44,000 25,000 25,000 5,000
5,000
20,000 40,000 40,000

THURSDAY, FEBRUARY 14, 2002

795

Hancock County Purchase tools and gear for Hancock County EMS and

Board of

Sparta Office

$

Commissioners

City of Hogansville

City Hall renovations in the City of 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 Commission

Purchase a radio system for Butts County Sheriff's Department

$

City of Hoboken Improvements to facilities in the City of Hoboken

$

Greene County Board of Commissioners

Complete fencing around the airport in Greene County $

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 Board of Commissioners

Repair culverts under Touchstone Parkway in the Glynn

County Public Safety Complex

$

Bartow County Board of Commissioners

Construct service test/training site for Fire Department

in Bartow County

$

South Georgia RDC

Purchase equipment for various chambers of commerce in region 11

$

20,000 35,000 15,000 10,000 15,000 8,000 20,000 25,000 11,000
25,000
75,000 28,127

796

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 Construct new City Hall in the City of Stillmore

$

Lumpkin County Upgrading of Plat Records management in Lumpkin

Commission

County

$

Grady County Commission

Purchase emergency management equipment and 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 Cleveland Construct Downtown Streetscape in the City of 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 Board of Commissioners

Partial funding of fire truck for East Berrien Volunteer

Fire Department

$

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

THURSDAY, FEBRUARY 14, 2002

797

Chatham County Purchase and renovate existing building for Ash Tree Commissioners Organization, Inc. in Chatham County

$

40,000

City of Dalton

Funding for the Dalton Convention and Visitors Center programs

$

2,500

Liberty County Board of Commissioners

Establish a community development department in Liberty County

$ 50,000

Valdosta/

Provide funds for the Valdosta/Lowndes County Land

Lowndes County Bank Authority Land Bank

$ 300,000

Authority

City of Atlanta

Provide funds for programs and salaries at the Metropolitan Community Foundation in the City of Atlanta

$ 85,700

Houston County Fund start-up costs for a new residential program for mentally handicapped adults in Houston County

$

50,000

City of Monticello

Renovation of the Benton Building in the City of Monticello

$ 100,000

Jeff Davis County Assist with operating expenses for Ag Center

$ 600,000

City of Eatonton Renovation of the Old Elementary School in Eatonton for use as a community / educational center

$

30,000

Baldwin County Purchase a wheelchair accessible van in Baldwin County

$ 60,000

Taliaferro County Assist with extending water, sewer, and gas lines to

Board of

new charter school on Taliaferro County

Education

$ 40,000

Greene County Renovate the old Greensboro Jail for office and museum space in Greene County

$ 40,000

Jones County

For landscaping, traffic, and parking improvements at the Jones County Civic Center

$

40,000

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JOURNAL OF THE HOUSE

Putnam County

Assist with furnishings and additional equipment for the Workforce Development Center operated by the Central $ Georgia Technical College in Putnam County

50,000

City of Newnan

Improvements to the Brown's Mill Depot in the City of Newnan

$

75,000

City of Macon

Fund a feasibility study of the expansion of the Ocmulgee Heritage Greenway in the City of Macon

$ 200,000

Twiggs County

For Probate Court Computers and software in Twiggs County

$

25,000

City of Irwinton For City Hall repairs and renovations in the City of Irwinton

$ 25,000

Hancock County Repair to public buildings in Hancock County

$ 100,000

Tattnall County Board of Education

For a gymnasium/physical education building in Tattnall County

$ 390,000

Walton County

Assist with construction of a Senior Center for Walton County

$

373,000

Dodge County For a building for the Dodge County Recreation Department

$ 150,000

Wilcox County For land procurement and the development of an industrial site in Wilcox County

$ 80,000

Lee County Board of Education

Construction of an athletic facility in Lee County

$ 50,000

Terrell County Refurbish and develop Terrell County Chamber of Commerce and welcome center facilities

$ 100,000

Mitchell County Purchase of the Hand Trading Building in Pelham

$ 75,000

City of Camilla Restoration of historic depot building in Camilla

$ 75,000

THURSDAY, FEBRUARY 14, 2002

799

City of Gainesville

Provide funds for North Georgia Mountain Museum in the City of Gainesville

$

150,000

Wilcox County Commission

Construction of a Wilcox County Recreation Complex $

70,000

Twiggs County For Courthouse renovation in Twiggs County

$ 100,000

Appling County For capital projects at Appling County Hospital

$ 150,000

Lamar County Provide funds for Agricultural Exposition in Lamar County

$ 50,000

Monroe County Provide funds for Civic Center in Culloden

$ 50,000

Gwinnett County For athletic facility for South Gwinnett High School in

Board of

Gwinnett County

$

Education

50,000

Gwinnett County For athletic facility for Shiloh High School in Gwinnett

Board of

County

$

Education

50,000

City of Forsyth

Construction of a frontage road sidewalk in the City of Forsyth

$

20,000

Dade County Renovations and repairs to Dade County Courthouse $ 50,000

City of Stone Mountain

ART Station, Inc. after school/summer camp program for scholarships and operating expenses for the City of $ Stone Mountain

15,000

City of Jonesboro Park improvements for the City of Jonesboro

$ 40,000

City of Forest Park

Sidewalk improvements to schools in the City of Forest Park

$

50,000

City of Riverdale Improvements to community parks in the City of Riverdale

$ 40,000

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JOURNAL OF THE HOUSE

Cook County

Operating funds for Project Turn Around in Cook County

$ 24,000

Chattahoochee Operating funds for the Chattahoochee County School

County Board of Board

$

Education

25,000

City of Franklin Purchase a pumper truck for Franklin Springs Fire

Springs

Department

$ 25,000

Gwinnett County Operating expenses for Brookwood High School in Gwinnett County

$ 75,000

City of Augusta Funds for the Augusta Cotton Exchange Museum

$ 50,000

City of Yatesville Purchase of library equipment in Yatesville Library Trustees

$ 36,000

Haralson County Provide funds for Haralson County Historic Court House

$ 300,000

Polk County

Contract for fire department construction and equipment for Polk County

$ 275,000

Wilkes County

Purchase of equipment for Memorial Hospital in Wilkes County

$

100,000

Haralson County

Construction and operation of Senior Citizen facility in Haralson County

$

200,000

Fulton County

Provide startup funds for Drivers Education program at Creekside High School in Fulton County

$

10,000

Clayton County Provide funds for Calvary Refuge Center in Clayton County

$

10,000

Dougherty

Provide funds for PTA program enhancements at

County Board of Martin Luther King Jr. Elementary School in Dougherty $

Education

County

2,000

THURSDAY, FEBRUARY 14, 2002

801

Baker County Board of Education

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

$

Cobb County Board of Education

Provide funds for Foundation 2000 for Children in the

Pebblebrook Cluster in South Cobb County

$

Cobb County Provide funds for the South Cobb High School

Board of

Education Foundation

$

Education

1,000
10,000 25,000 25,000 5,000 10,000 10,000 30,000 6,000 5,000 20,000 10,000 20,000
10,000

802

JOURNAL OF THE HOUSE

Twiggs County Provide for the renovation of the Twiggs County Courthouse

$ 50,000

Macon County Renovate the Macon County Tax Commissioner's Office

$ 25,000

Sumter County Board of Education

Provide funds for band uniforms and equipment at Americus High School in Sumter County

$ 25,000

City of Shellman Purchase a defribillator for the City of Shellman

$ 3,000

Randolph County Provide funds for outpatient mental/health substance abuse facility in Randolph County

$

10,000

Dekalb County Purchase of a marquee for Wadsworth Elementary School in Dekalb County

$ 5,000

Effingham County

Provide funds for the Student Transition and Recovery (STAR) program in Effingham County

$

115,000

Stephens County Provide funds for computer equipment at Stephens

Board of

County Middle School

Education

$ 25,000

Stephens County Provide funds for computer equipment at the

Board of

Crossroads Alternative School in Stephens County

Education

$ 25,000

Schley County

Provide funds for construction of an athletic complex in Schley County

$

100,000

Stephens County Provide funds for an Ecological Center for public

Board of

education and outdoor classroom in Stephens County $

Education

45,000

City of Metter Fund a softball field in the City of Metter

$ 5,000

City of Jesup

Provide funds for McMillan Creek Park project in City of Jesup

$

40,000

THURSDAY, FEBRUARY 14, 2002

803

Houston County Provide funds for Houston County Association for exceptional adults residential program

$ 35,000

Troup County Feasibility study for the Clark Access in Troup County $ 10,000

Randolph County Funds for technology improvements for the Randolph

Board of

County Board of Education

$

Education

15,000

Fulton County Provide funds for Legislative Conference on Education $ 40,000

City of Warner Robins

Purchase and installation of Interactive Exhibit and equipment for the Air Force Museum in the City of Warner Robins

$ 750,000

City of Augusta Fund "Fore!" Augusta Foundation's golf program for children

$

250,000

City of Savannah Renovation of driver's license facility in the City of Savannah

$ 100,000

Bacon County Funds for capital offense murder trail in Bacon County $ 100,000

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 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

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%.

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Section 44. 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 $2,285.76. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45. Provisions Relative to Section 15, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

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

THURSDAY, FEBRUARY 14, 2002

805

bleeding disorders community or to purchase insurance to provide this treatment and care, whichever is less.
Section 46. 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 47. Provisions Relative to Section 24, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 48. Provisions Relative to Section 30, 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 49. Provisions Relative to Section 31, 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.

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JOURNAL OF THE HOUSE

Section 50. Provisions Relative to Section 34, 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 51. Provisions Relative to Section 36, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall

THURSDAY, FEBRUARY 14, 2002

807

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 52. 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 53. To the extent to which Federal funds become available in amounts in excess of
those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:

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JOURNAL OF THE HOUSE

First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 54. Each agency for which an appropriation is authorized herein shall maintain
financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 56. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.

THURSDAY, FEBRUARY 14, 2002

809

Section 57. 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 58. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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

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JOURNAL OF THE HOUSE

the group may not exceed the sum of the stated amounts for the separate object classes of the group.

(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 59. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 60. There is hereby appropriated a specific sum of Federal grant funds, said specific
sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 61. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
Provided, of the above appropriation relative to State of Georgia General Obligation Debt Sinking Fund, State funds appropriated for plans and design of a Coverdell Building at the University of Georgia shall be contingent upon matching federal and private funds.

A.) Maturities not to exceed two hundred forty months.
Board of Regents, University System of Georgia projects: Health Science Building at the Medical College of Georgia -$33,320,000 Advanced Computer Technology Building at the Georgia Institute of Technology - $31,880,000

Principal Amount
$ 147,885,000 $

Debt Service
12,422,340

THURSDAY, FEBRUARY 14, 2002

811

Major repair and rehabilitation at various facilities

of the University System of Georgia - $31,075,000

Bartow Center for Floyd College - $18,180,000

Academic Building at Georgia Military College

$13,430,000

Coverdell Building at the University of Georgia

$10,000,000

Cancer Research Center at the Medical College of

Georgia -$10,000,000

Board of Regents, University System of Georgia projects:

$

River Regional Center at Bainbridge College

$4,925,000

Complete construction of the Interdisciplinary

Research Center at the Medical College of

Georgia - $5,200,000

Purchase of Tift College for the Governor's

Leadership Institute - $4,600,000

Animal Health and Biological Resources Building at

the University of Georgia - $4,300,000

Chiller system at Clayton College and State

University - $4,600,000

Replace HVAC systems campus wide at Gainesville

College - $800,000

Replace electrical system at State University of

West Georgia - $3,500,000

Purchase and improve Warner Robbins facility for

Fort Valley State University - $4,690,000

Renovate Nevins Hall Science Building at Valdosta

State University - $4,500,000

Shortage in construction of a Food Processing and

Technology Research Facility at Georgia Tech for

Traditional Industries - $425,000

Department of Technical and Adult Education

projects:

Appalachian Technology Building - $7,340,000

Chattahoochee Classroom Building - $20,350,000

East Central Telecommunications Center

$10,000,000

Allied Health and Information Technology Building

at Northwestern Athens Business Technology

Center - $6,400,000

37,540,000 $ 50,590,000

3,153,360 4,249,560

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JOURNAL OF THE HOUSE

Athens Business Technology Building - $6,500,000 Renovate and improve a former shopping for the
Central Georgia Adult Education and Child Development Center Major repairs and rehabilitation for various facilities of the Department of Technical and Adult Education Georgia Environmental Authority projects: Low interest loans for local water and sewer
construction projects - $10,000,000 Federal funds match for clean water and drinking
water capitalization grants - $8,000,000 Purchase 5,500 acres of Chickasawhatchee Swamp Department of Natural Resources projects:
Renovations and repairs in the park system $7,200,000
Phase II of Charlie Elliott Wildlife Center $3,000,000
Design new facilities for the Coastal Regional Headquarters - $80,000
Construct a public fishing area on the Ocmulgee Wildlife Management Area in Bleckley and Pulaski Counties - $3,500,000
Build a group shelter at Jefferson Davis Historic Site - $200,000
Build a group lodge at Seminole State Park $2,000,000
Completion of lodge expansion projects at George T. Bagby and Little Ocmulgee State Parks $900,000
Improvements to Towns Bluff in Jeff Davis County Georgia Ports Authority projects:
Purchase 2 ship-to-shore cranes for Container Berth 8 - $4,100,000
Relocate transmission lines on Container Berth 8 property - $1,200,000
Department of Industry, Trade and Tourism projects: Construct a pedestrian plaza for the Georgia World Congress Center - $3,800,000 Phase IV expansion of the Georgia World Congress Center - $5,000,000
Department of Labor projects: Upgrade the water pressure at the Warm Springs Institute - $4,905,000

5,540,000 5,345,000 18,000,000 5,500,000 16,880,000
1,200,000 5,300,000 8,800,000 4,965,000

465,360 448,980 1,512,000 462,000 1,417,920
100,800 445,200 739,200 417,060

THURSDAY, FEBRUARY 14, 2002

Replace 2 cooling towers at the Warm Springs Institute - $60,000
Jekyll Island Authority projects: Revitalize the historic district - $1,900,000 New attraction to Summer Waves Waterpark $1,000,000
Governor's Road Improvement Program Acquire right-of-way for a phased implementation of
the Atlanta Multi- Modal Passenger Terminal Department of Juvenile Justice projects:
Construct a mental health unit at Augusta YDC $1,300,000
Construct an education building at Augusta YDC $2,800,000
Construct additional classrooms, record storage and intake area at Savannah RYDC
Expand the academic facility at Metro RYDC Department of Juvenile Justice projects:
Expand and upgrade educational and recreational areas at Paulding RYDC - $840,000
Emergency power back-up systems at various RYDC's and YDC's - $720,000
Repairs and maintenance projects at various RYDC's and YDC's - $2,560,000
Renovations to the Georgia Bureau of Investigation Headquarters Crime Lab
Department of Corrections projects: 192 beds at Bainbridge PSATC Phase II - $150,000 192 beds at Wilkes Detention Center - $425,000 192 beds at Lamar Detention Center - $440,000 96 beds at Emanuel Detention Center expansion $200,000
Construct a medical building at Central State Prison Various waster water, utility and HVAC projects of
the Department of Corrections Repairs and renovations at Regional Farmers' Markets Georgia Building Authority projects:
Modernize the elevators in the Judicial, Health and State Capitol buildings - $2,000,000
State Capitol restorations - $5,000,000 Replace caulking at LOB and 300 Ponce de Leon
$1,000,000

2,900,000
150,000,000 2,575,000 4,100,000
2,500,000 3,800,000 4,120,000
920,000 1,215,000
5,400,000 4,150,000 1,000,000 14,600,000

813
243,600
12,600,000 216,300 344,400
210,000 319,200 346,080
77,280 102,060
453,600 348,600
84,000 1,226,400

814

JOURNAL OF THE HOUSE

Correct life safety issues on all buildings $1,700,000
Renovate the Capitol Education Center executive dining area - $700,000
Deferred maintenance issues - $2,200,000 Remediate, replace and close underground and
above-ground state - owned fuel storage facilities on state owned property - $2,000,000 Purchase a building for a new Data Center Board of Regents, University System of Georgia projects: Camden Center - $275,000 Renovation projects at Georgia Southwestern State University - $4,500,000 Art and Humanities building infrastructure upgrade at Georgia State University - $3,500,000 Renovation of the Coon Building at Georgia Institute of Technology - $4,000,000 Renovation and addition to the Warner Robins center for Macon State College - $5,000,000 Renovation of Talmadge Dormitory at Middle Georgia College - $4,000,000 Board of Regents, University System of Georgia county library construction projects: Berrien County - $830,000 Telfair County - $1,250,000 Toombs County - $250,000 Wheeler County - $1,000,000 Physical Education facility improvements at Abraham Baldwin Agricultural College, Middle Georgia College and South Georgia College $800,000 Department of Technical and Adult Education projects: Southwest Georgia Classroom building (Includes Grady Adult Learning Center ) - $19,000,000 Georgia Aviation Campus Extension - $10,647,000 North Georgia Toccoa Stephens County Campus $8,338,000 Regional Medical Technology Facility at Southeastern - $1,500,000 Property acquisition for the Department of Technical and Adult Education

10,000,000 21,275,000
3,330,000
300,000 37,985,000
Existing Bonds
500,000

840,000 1,787,100
279,720
25,200 3,190,740
Existing Bonds 42,000

THURSDAY, FEBRUARY 14, 2002

815

Railroad rehabilitation Renovations to southwest Georgia facility of the Soil
and Water Conservation Commission Construction of facilities on the campus of North
Georgia Technical College Facility for dental hygiene program at Middle Georgia
Technical College Design for Public Health laboratory in Waycross

2,400,000 165,000
485,000
2,500,000 770,000

201,600 13,860
40,740
210,000 64,680

Total Twenty Year Projects (New)

$ 584,535,000 $ 49,100,940

B.) Maturities not to exceed sixty months. Purchase of vocational equipment for new programs
and programs housed in new school facilities of the Department of Education Board of Regents, University System of Georgia projects: Agricultural Sciences Building at Abraham Baldwin
Agricultural College - $400,000 Yamacraw Building - $4,090,000 Board of Regents, University System of Georgia projects: Predesign and design a library addition at Georgia
Southern University-$975,000 Predesign and design of a Social Science Building at
Kennesaw State University - $1,235,000 Predesign and design of the Student Center at
Georgia Perimeter College, Clarkston, Georgia $300,000 Predesign and design of the Campus Loop at Middle Georgia College - $690,000 Predesign and facility study at the Dublin Campus of Middle Georgia College - $800,000 Predesign and design for the Performing and Visual Arts Center at the University of Georgia $400,000 Design of the Rural Economic Development and Technology Center at East Georgia College $150,000 Predesign and design of the Continuing Education Economic Development Center at Dalton State College - $250,000 Purchase equipment for Traditional Industries

11,790,000 4,490,000 4,800,000
1,800,000

2,664,540 1,014,740 1,084,800
406,800

816

JOURNAL OF THE HOUSE

Various projects for the Georgia Research Alliance Predesign and design for the Altamaha Classroom
Building on the Appling County Campus of the Department of Technical and Adult Education Purchase equipment for the following Technical and Adult Education projects: Atlanta multipurpose building - $615,000 Moultrie campus expansion - $1,450,000 Albany Building H - $650,000 Savannah Occupational Tech Building - $780,000 Central Georgia HR/IT Building - $800,000 Augusta classroom/student services - $780,000 Savannah Liberty County campus - $650,000 East Central Child Development Building
$100,000 Columbus North Building renovation - $155,000 Savannah Phase 3 renovation - $335,000 Southeastern Glennville Campus - $170,000 Albany Randolph County campus - $105,000 Southeastern Allied Health Building - $690,000 Central Georgia Crawford County Workforce
Development Center - $270,000 Griffin multipurpose building - $970,000 Coosa Valley Allied Health Building - $700,000 Swainsboro Technology Building - $320,000 Ogeechee Agribusiness Building - $580,000 Coosa Valley Economic Development Building at
Polk County campus -$350,000 Valdosta Cook County Center - $150,000 West Central Coweta County Center - $550,000 Moultrie Worth County Center - $120,000 South Georgia renovation, Geeslin, Hicks, Haynes
Hall - $380,000 Gwinnett International Center for Workforce
Development - $3,000,000 Replace obsolete equipment - $10,000,000 Additional new equipment - $10,000,000 Georgia Forestry Commission projects: Maintenance and repair of various facilities
$145,000 Upgrade a Huey helicopter - $1,855,000

22,000,000 200,000
34,670,000
2,000,000

4,972,000 45,200
7,835,420
452,000

THURSDAY, FEBRUARY 14, 2002

817

Department of Natural Resources projects: Purchase new exhibits for new museum at Fort McAllister Historic Site -$140,000 Miscellaneous repairs to 3 North Georgia Lodges $500,000 Purchase equipment for a multi-purpose educational building for Georgia Agrirama Development Authority - $175,000
Reroof 6 buildings at Macon YDC Department of Juvenile Justice projects:
Reroof 4 buildings at Bill Ireland YDC - $760,000 Design new vocational school at Bill Ireland YDC
$180,000 Renovation projects at the Department of Human
Resources : Hospitals Atlanta - $3,205,000 Augusta - $1,315,000 Central State - $2,590,000 Gracewood - $1,910,000 Northwest Georgia - $1,375,000 Savannah - $600,000 Southwestern State - Thomasville - $1,925,000 West Central - $1,745,000 Various repair and renovation projects for the Department of Veteran Services Department of Corrections projects: Various renovations and improvements - $2,685,000 Security improvements - $2,635,000 Roofing and paving improvements - $700,000 Repairs and renovations to armories and other facilities of the Department of Defense Phase II design of the State History Museum Purchase voting machines for a uniform voting system Planning and predesign for the following Department of Technical and Adult Education projects: Heart of Georgia Classroom building - $300,000 Okefenokee Allied Health, Media Center and
Classroom Building - $120,000 Middle Georgia Child Development Center and
Media Center Expansion - $70,000 Savannah Effingham County Campus - $60,000 Savannah Vocation - $70,000

815,000
540,000 940,000
14,665,000
1,000,000 6,020,000
2,000,000 1,000,000 54,000,000
702,000

184,190
122,040 212,440
3,314,290
226,000 1,360,520
452,000 226,000 12,204,000 158,652

818

JOURNAL OF THE HOUSE

South Georgia Crisp County Expansion - $82,000

Total Five Year Projects (New)

$ 163,432,000 $ 36,935,632

Section 62. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2002

$ 15,914,307,509

Section 63. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 64. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

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

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1001 designating Representative Coleman of the 142nd as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 1001 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Forster of the 3rd moves to amend the Committee substitute to HB 1001 as follows:
On page 16 line 673 change "7,995,667" to "5,995,667".

THURSDAY, FEBRUARY 14, 2002

819

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

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

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

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

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

On the adoption of the amendment, the ayes were 62, nays 105. The amendment was lost.

Representative Hudson of the 120th 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.

820

JOURNAL OF THE HOUSE

The following amendment was read:

Representative Parsons of the 40th moves to amend the Committee substitute to HB 1001 by (removing from) State funds for the Department of Natural Resources Section 24, relating to State Fiscal Year 2002 the figure $250,000 and by (decreasing) the object classes as listed below:

Object Classes

Capital Outlay: Repairs and Maintenance

$ 250,000

Total Funds State Funds

$ 250,000 $ 250,000

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
Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers

Y Cox N Crawford N Cummings Y Davis E 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 Y Forster Y Franklin N Gardner Y Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson

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

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw

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

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

THURSDAY, FEBRUARY 14, 2002

Y Hines N Holland N Holmes N Houston N Howard Y Hudgens

N Millar Y Mills N Mobley N Morris N Mosley Y Mueller

N Sholar N Sims
Sinkfield N Skipper Y Smith, B

On the adoption of the amendment, the ayes were 67, nays 103. The amendment was lost.

821
Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

The following amendment was read:

Representative Smith of the 91st moves to amend the Committee substitute to HB 1001 by (removing from) State funds for the Office of the Governor Section 15, relating to State Fiscal Year 2002 the figure $79,020 and by (decreasing) the object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses Travel Per Diem, Fees Contracts Computer Charges Telecommunications

$ 45,840 $ 17,430 $ 3,000 $ 250 $ 3,000 $ 6,000 $ 3,500

Total Funds State Funds

$ 79,020 $ 79,020

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
Benfield

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

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

Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter

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

822
N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T
Collins N Connell N Cooper

JOURNAL OF THE HOUSE

N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Graves N Greene N 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

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

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

On the adoption of the amendment, the ayes were 53, nays 115. The amendment was lost.

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

The following amendment was read and withdrawn:

Representative Smith of the 91st moves to amend the Committee substitute to HB 1001 by (removing from) State funds for the Office of the Governor Section 15, relating to State Fiscal year 2002 the figure $50,000 and by (decreasing) the object classes as listed below:

Object Classes

Per Diem, Fees Contracts

$ 5,000 $ 45,000

Total Funds State Funds

$ 50,000 $ 50,000

THURSDAY, FEBRUARY 14, 2002

823

The following amendment was read:

Representatives Ehrhart of the 36th, Wiles of the 34th, Westmoreland of the 104th, Sanders of the 107th and Mills of the 21st move to amend the Committee substitute to HB 1001 by (removing from) State funds for the Office of the Governor Section 15, relating to State Fiscal Year 2002 the figure $1,817,200 and by (decreasing) the object classes as listed below:

Object Classes

Per Diem, Fees

$ 1,817,200

Total Funds State Funds

$ 1,817,200 $ 1,817,200

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

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

Y Cox Y Crawford N Cummings Y Davis E 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 Y Forster Y Franklin N Gardner N Golick Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard

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

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott

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

824
Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T
Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard Y Hudgens

N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller

N Seay N Shanahan N Shaw N Sholar N Sims
Sinkfield N Skipper Y Smith, B

Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 69, nays 102. The amendment was lost.

The Committee substitute was adopted.

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

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

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

N Cox Y Crawford Y Cummings N Davis E Day Y 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 Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell

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

Y O'Neal 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 Y Reichert N Rice N Richardson N Roberts, D E 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 N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson E West

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

THURSDAY, FEBRUARY 14, 2002

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

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

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

825
N Westmoreland N Wiles N Wilkinson N Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Harbin of the 113th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 1001 was ordered immediately transmitted to the Senate.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:30 o'clock, P.M., Monday, February 18, 2002.

826

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Monday, February 18, 2002

The House met pursuant to adjournment at 1:30 o'clock, P.M., this day and was called to order by the Speaker.

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

Amerson E Anderson
Ashe Bannister Barnes Bell E Benfield Birdsong E Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Childers Coan Coleman, B Connell Cooper

Cox Crawford Cummings Davis E Day Deloach, G Dix Dodson Drenner Ehrhart Epps Everett Floyd Forster Franklin Gardner Graves Greene Hammontree Hanner Harbin Heard E Heckstall Hembree Holland Howard Hudgens

Hudson, N E Hudson, S
Jackson, B E Jackson, L
James Jennings Johnson Jordan Joyce Keen Knox Lane Lanier Lewis Lord Lunsford Mangham Manning Massey McBee Millar Mills Mobley Morris Mosley Mueller

O'Neal Orrock Parham Parrish Parsons Pelote Pinholster Poag Porter Powell Purcell Reece Reichert Rice Richardson Roberts, D E Roberts, L Rogers Royal Sailor Sanders Scheid Seay Shanahan Shaw Sholar

Sims Sinkfield Skipper Smith, B Smith, C Smith, L Smith, P Smith, V Snelling Stephens Stokes Teper Tillman Twiggs Unterman Walker, L Watson West Westmoreland Wiles Wilkinson Willard Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Barnard of the 154th, Black of the 178th, Boggs of the 168th, Cash of the 108th, Collins of the 29th, Dean of the 48th, DeLoach of the 172nd, Dukes of the 161st, Golick of the 30th, Harrell of the 62nd, Henson of the 65th, Hines of the 38th, Houston of the 166th, Hugley of the 133rd, Irvin of the 45th, Jamieson of the 22nd, Jenkins of the 110th, Kaye of the 37th, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, McClinton of the 68th, McKinney of the 51st, Ragas of the

MONDAY, FEBRUARY 18, 2002

827

64th, Randall of the 127th, Ray of the 128th, Reed of the 52nd, Scott of the 165th, Smith of the 169th, Smith of the 19th, Smyre of the 136th, Squires of the 78th, Stallings of the 100th, Stanley of the 49th, Stanley of the 50th, Taylor of the 134th, Teague of the 58th, Turnquest of the 73rd, Walker of the 87th, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by Dr. Randy M. Cheek, Pastor, Ash Street Baptist Church, Forest Park, 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:

828

JOURNAL OF THE HOUSE

HB 1410. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend an Act creating a Board of Commissioners of Jones County, so as to reapportion the commissioner district; and for other purposes.

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

HB 1411. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A BILL to amend an Act creating a Board of Education of Jones County, so as to change the description of the districts from which members of such board are elected; and for other purposes.

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

HB 1412. By Representatives Stokes of the 92nd, Parham of the 122nd, Keen of the 174th, Byrd of the 170th and Jamieson of the 22nd:
A BILL to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to create a duty to provide child support for a mentally or physically disabled child beyond the age of majority; to provide for modification of postmajority child support; to provide that a child's eligibility to receive public benefits shall not be impacted by an award of postmajority child support; and for other purposes.

Referred to the Committee on Judiciary.

HB 1413. By Representatives Walker of the 141st and Childers of the 13th:
A BILL to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care facility licensing and employee records checks, to provide for criminal records checks for personal care homes employment applicants; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources,

MONDAY, FEBRUARY 18, 2002

829

so as to provide that Code Section 31-7-250 through 31-7-264 shall apply to personal care homes; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1414. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A BILL to amend an Act creating the Board of Commissioners of Liberty County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 1415. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A BILL to amend an Act creating the Board of Education of Liberty County, so as to change the description of the education districts; and for other purposes.

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

HB 1416. By Representatives Rogers of the 20th, Lord of the 121st, Coleman of the 142nd and Smith of the 12th:
A BILL to amend Code Section 34-9-17 of the Official Code of Georgia Annotated, relating to grounds for denial of workers' compensation, so as to provide for a denial of compensation for a change in condition due to certain willful acts by the employee; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1417. By Representatives Walker of the 141st, Holmes of the 53rd and Hudson of the 120th:

830

JOURNAL OF THE HOUSE

A BILL to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, so as to redefine the terms "department" and "agency" as used in such article and thereby change the applicability of said article; to amend Code Section 5025-5.1 of the Official Code of Georgia Annotated, relating to the chief information officer of the Georgia Technology Authority, so as to change provisions relating to membership of certain authority personnel in the unclassified service of the merit system; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1418. By Representatives Golick of the 30th, Wix of the 33rd, Johnson of the 35th, Collins of the 29th, Manning of the 32nd and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an exemption for sales to certain local government authorities; and for other purposes.
2/14/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1418. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Golick District 30
Referred to the Committee on Ways & Means.
HB 1419. By Representative Cummings of the 27th:
A BILL to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for the application for certain creditable service in such retirement

MONDAY, FEBRUARY 18, 2002

831

system; to provide times for the submission of an application for a disability retirement allowance and proof of disability; and for other purposes.

Referred to the Committee on Retirement.

HB 1420. By Representative Cummings of the 27th:
A BILL to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a public retirement system shall prepare a statement of benefits upon receiving a member's application for retirement; to provide that such statement shall be binding upon the retirement system; and for other purposes.

Referred to the Committee on Retirement.

HB 1421. By Representatives Skipper of the 137th, Cummings of the 27th and Murphy of the 18th:
A BILL to repeal an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population; and for other purposes.

Referred to the Committee on Judiciary.

HB 1422. By Representatives Sims of the 167th and Smith of the 169th:
A BILL to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to change certain provisions relating to the State Soil and Water Conservation Commission and its chairman, quorum, compensation, surety bonds, records, and audits; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

832

JOURNAL OF THE HOUSE

HB 1423. By Representatives Drenner of the 66th, McCall of the 90th, Shanahan of the 10th and Broome of the 160th:
A BILL to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to define certain terms; to provide that the Environmental Protection Division of the Department of Natural Resources may enter into brownfields agreements with prospective developers of certain contaminated property; to provide that a prospective developer shall provide certain information relating to the property to be developed; to provide for remediation standards; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1424. By Representatives Drenner of the 66th, Orrock of the 56th, Benfield of the 67th, Turnquest of the 73rd, Henson of the 65th and others:
A BILL to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Georgia Public Service Employees' Occupational Safety and Health Act"; to ensure that all public employees can be provided with safe and healthful work environments free from recognized hazards; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1425. By Representatives Bridges of the 9th and Twiggs of the 8th:
A BILL to provide for a homestead exemption from certain White County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

HB 1426. By Representative Hudson of the 156th: A BILL to repeal an Act providing for a nonstaggered four-month vehicle

MONDAY, FEBRUARY 18, 2002

833

registration period for Ben Hill County; to specify the vehicle registration period for Ben Hill County; and for other purposes.

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

HB 1427. By Representatives Harbin of the 113th, Campbell of the 42nd, Golick of the 30th, Boggs of the 168th, Smith of the 103rd and others:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public disclosure of records, so as to exempt the name and identity of victims of sexual assault from disclosure under the Open Records Act; and for other purposes.

Referred to the Committee on Judiciary.

HB 1429. By Representative Twiggs of the 8th:
A BILL to provide for an advisory referendum election to be held in Rabun County for the purpose of determining the form of county government desired by the people of Rabun County; and for other purposes.

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

HB 1430. By Representative Twiggs of the 8th:
A BILL to provide for an advisory referendum election to be held in Towns County for the purpose of determining the form of county government desired by the people of Towns County; and for other purposes.

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

HB 1431. By Representatives Smith of the 103rd, Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Jennings of the 63rd:

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A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to require the state revenue commissioner to compile an age questionnaire for use with homestead exemptions; to provide for amendment to the application for the state homestead exemption so as to require applicants to state their age; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1432. By Representatives Watson of the 70th, Teper of the 61st, Cash of the 108th, Drenner of the 66th and Mangham of the 75th:
A BILL to amend Code Section 43-14-8.2 of the Official Code of Georgia Annotated, relating to utility contractor licenses and utility managers, so as to require that the utility contractor's license number be written on the bid document rather than on the envelope; and for other purposes.

Referred to the Committee on Industry.

HB 1433. By Representative Amerson of the 7th:
A BILL to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize counties and municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises to permit and regulate the Sunday sale of malt beverages and wine for consumption on the premises in certain licensed establishments if approved by referendum; and for other purposes.

2/14/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1433. This notice is made prior to or upon reading the Bill the first time.

MONDAY, FEBRUARY 18, 2002

835

/s/ Representative Amerson District 7

Referred to the Committee on Regulated Beverages.

HB 1434. By Representatives Buck of the 135th, Royal of the 164th, Smith of the 175th and Skipper of the 137th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to state income taxation, so as to provide for certain technical corrections and modifications; to provide for proper administration of certain provisions regarding state income taxation; to change certain provisions regarding definitions relating to income tax; to change certain provisions regarding computation of taxable net income; to change certain provisions regarding taxation of nonresidents' income; to change certain provisions regarding conditions for allocating certain income; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding the Georgia Higher Education Savings Plan; and for other purposes.

2/14/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1434. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 135

Referred to the Committee on Ways & Means.

HB 1435. By Representative Connell of the 115th:
A BILL to amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to number of votes required for election, so as to repeal

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certain provisions regarding municipal candidates in certain cities; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1436. By Representative Connell of the 115th:
A BILL to amend an Act to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to the 1970 Federal decennial census, or any future federal census, and to provide the procedure whereby the County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to said census, shall be eligible to become County Treasurer Emeritus, so as to revise and change the population and census application; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1437. By Representative Connell of the 115th:
A BILL to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding grand juries, so as to change the population and census application of certain provisions regarding use of stenographers or recording devices at grand jury proceedings; and for other purposes.

Referred to the Committee on Judiciary.

HB 1438. By Representative Connell of the 115th:
A BILL to amend Part 2 of Article 4 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to local malt beverage excise taxes, so as to repeal certain provisions regarding use of excess tax proceeds; and for other purposes.

Referred to the Committee on Regulated Beverages.

MONDAY, FEBRUARY 18, 2002

837

HB 1439. By Representatives Royal of the 164th, Buck of the 135th, Smith of the 175th, Westmoreland of the 104th and Cox of the 105th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income tax credits for low and zero emission vehicles; to provide for additional procedures, conditions, and limitations with respect to such credit; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability of certain provisions and requirements with respect to low-speed vehicles; and for other purposes.
2/18/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1439. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 164
Referred to the Committee on Ways & Means.
HB 1440. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding assignment of corporate income tax credits; to provide for state insurance premium tax credits with respect to certified capital companies; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Office of Treasury and Fiscal Services; and for other purposes.
2/18/2002

838

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Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1440. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 175
Referred to the Committee on Ways & Means.
HB 1441. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding assignment of corporate income tax credits; to provide for state insurance premium tax credits with respect to certified capital companies; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Office of Treasury and Fiscal Services; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1442. By Representative Skipper of the 137th:
A BILL to amend an Act providing for a new charter for the City of Americus, so as to change the description of the council districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1443. By Representatives Skipper of the 137th, Royal of the 164th and Buck of the 135th:

MONDAY, FEBRUARY 18, 2002

839

A BILL to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for the taxation of mobile telecommunications services; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to change certain provisions regarding imposition of various taxes by political subdivisions; to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of subscribers for "911" charges, so as to provide for applicability of certain charges; and for other purposes.

2/18/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1443. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Skipper District 137

Referred to the Committee on Ways & Means.

HB 1444. By Representatives Broome of the 160th, Buck of the 135th, Walker of the 141st, Stanley of the 50th, Stanley of the 49th and others:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations on local imposition of certain taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1445. By Representatives Powell of the 23rd, Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Royal of the 164th and others:

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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 create a Georgia Technology Authority Overview Committee; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1446. By Representatives Buck of the 135th, Skipper of the 137th, Royal of the 164th, Hudson of the 156th, Ehrhart of the 36th and others:
A BILL to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use tax, so as to change the definition of "gross sales" with respect to transactions relating to certain sales of telephone services; and for other purposes.

2/18/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1446. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 135

Referred to the Committee on Ways & Means.

HB 1447. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption of certain natural or artificial gas sales; to remove certain limitations preventing the application of such exemption with respect to certain local sales and use taxes; and for other purposes.

Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 18, 2002

841

HR 1116. By Representatives Wix of the 33rd, Coleman of the 142nd, Teper of the 61st, Houston of the 166th, Borders of the 177th and others: A RESOLUTION urging the Georgia Department of Transportation to create a network of bicycle lanes throughout the state; and for other purposes.
Referred to the Committee on Transportation.
HR 1117. By Representatives Unterman of the 84th and Williams of the 83rd: A RESOLUTION designating the William Ira (W.I.) Still, Jr., Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 1118. By Representatives Graves of the 125th, Parrish of the 144th, Parham of the 122nd, Twiggs of the 8th and Stephens of the 150th: A RESOLUTION strongly urging the United States Congress to adopt legislation requiring the Medicare program to cover the cost of all oral anticancer drugs; and for other purposes.
Referred to the Committee on Health & Ecology.
HR 1135. By Representatives Scott of the 165th, Unterman of the 84th, Coan of the 82nd, Irvin of the 45th, Smith of the 102nd and others: A RESOLUTION urging the State Boxing Commission to take appropriate action to ensure that Mike Tyson does not fight in Georgia; and for other purposes.
Referred to the Committee on Rules.

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HR 1136. By Representative Purcell of the 147th:
A RESOLUTION declaring February 28, 2002, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the community; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 1137. By Representative Amerson of the 7th:
A RESOLUTION proposing an amendment to the Constitution so as to eliminate the annual levy of state ad valorem taxes on certain tangible property; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1139. By Representative Williams of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state sales and use tax of 3 percent, which rate of taxation may be adjusted as necessary by the General Assembly, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; and for other purposes.

2/18/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1139. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Williams District 5

MONDAY, FEBRUARY 18, 2002

843

Referred to the Committee on Ways & Means.

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

HB 1393 HB 1394 HB 1395 HB 1396 HB 1397 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402 HB 1403 HB 1404 HB 1405 HB 1406 HB 1407

HB 1408 HB 1409 HB 1428 HR 1105 HR 1108 HR 1109 HR 1110 HR 1111 HR 1112 HR 1138 SB 361 SB 386 SB 394 SB 407 SR 557

Pursuant to Rule 52, Representative Smith of the 175th moved that the following Bill of the House be engrossed:

HB 1402. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Ashe of the 46th:
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 a special license plate supporting certain breast cancer related programs for the medically indigent; to dedicate revenue derived from the sale of such special license plates to the Indigent Care Trust Fund; and for other purposes.

The motion prevailed.

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Pursuant to Rule 52, Representative Williams of the 5th moved that the following Resolution of the House be engrossed:
HR 1112. By Representative Williams of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a sales and use tax of 1 percent in each county in this state, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; and for other purposes.
The motion prevailed.
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 952 Do Pass HR 1113 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:

MONDAY, FEBRUARY 18, 2002

845

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 1166 Do Pass HB 1270 Do Pass, by Substitute HB 1271 Do Pass, by Substitute HB 1272 Do Pass HB 1370 Do Pass HB 1371 Do Pass HB 1379 Do Pass HB 1383 Do Pass

HB 1384 Do Pass HB 1385 Do Pass HB 1388 Do Pass HB 1390 Do Pass HB 1392 Do Pass HR 1077 Do Pass HR 1087 Do Pass

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

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 18, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

HB 1026 HB 1192 HB 1285 HB 1303 HB 1313

Public Revenue Code; conform to federal law Crimes; certain air bag installation; prohibition State auditor; special audits; authority and powers; confidentiality Marine manufacturers; contracts with dealers; termination provisions Income tax; retirement income exclusion; increase amount

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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Representative Drenner of the 66th moved that the following Resolution of the House be withdrawn from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local:

HR 1077. By Representatives Drenner of the 66th, Turnquest of the 73rd, Benfield of the 67th, Stokes of the 92nd, Borders of the 177th and others:
A RESOLUTION urging the Board of Commissioners of DeKalb County and the Board of Commissioners of Fulton County to pursue sustainable energy and establish pilot projects to produce energy from resources available at county landfills; and for other purposes.
The motion prevailed.

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1166. By Representative Bridges of the 9th:
A BILL to provide for a homestead exemption from certain Habersham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

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

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

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

Y Hudson, N E Hudson, S Y Hugley Y Irvin Y Jackson, B E Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson
Jordan

Y O'Neal 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
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley

Y Bordeaux E Borders
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

MONDAY, FEBRUARY 18, 2002

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

Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris
Mosley Y Mueller

Y Randall Y Ray
Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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

847
Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Bridges of the 9th 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 1270. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Commissioners of Seminole County, so as to reapportion the commissioner districts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended, particularly by an Act approved

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March 12, 1984 (Ga. L. 1984, p. 4073), so as to reapportion the commissioner districts; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; 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. An Act creating the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. L. 1920, p. 610), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4073), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following:
"SECTION 2. The Board of Commissioners of Seminole County shall consist of five members to be elected as provided in this Act. For the purpose of electing such members, Seminole County shall be divided into five districts as follows:
County Commissioner District No. 1: Begin at a point where State Route #91 intersects with the western boundary of Seminole County; thence, proceed in an easterly direction along the center of State Route #91 until it intersects with the J Q Harvey - River Road; thence, proceed in a northerly direction along the center of the J Q Harvey - River Road until it intersects with the Phil Spooner Road; thence, proceed in an easterly direction along the center of Phil Spooner Road until it intersects with State Route 91; thence, then proceed in a northerly direction along the center of State Route #91 until it intersects with the southern boundary of the City of Donalsonville; thence, proceed in an easterly direction along the southern boundary of the City of Donalsonville until it intersects with State Route #39; thence, proceed in a southerly direction along the center of State Route #39 until it intersects with Fishpond Drain; thence, proceed in a southerly direction along the center of Fishpond Drain until it intersects with the Peanut Bland Road; thence, proceed in a westerly direction along the center of the Peanut Bland Road until it intersects with the F B Faircloth Road; thence, proceed in a southerly direction along the center of F B Faircloth Road until it intersects with the Burke Road; thence, proceed in a westerly direction along the center of the Burke Road until it intersects with State Route #39; thence, proceed in a southerly direction along the center of State Route #39 until it intersects with State Route #253; thence, proceed in a westerly direction along the center of State Route #253 until it ends; thence, forming an imaginary line crossing Lake Seminole, running in the same westerly direction as State Route #253, until the imaginary line intersects with the western boundary of Seminole County; thence, proceed in a northerly direction along the western boundary of Seminole County until it reaches the point of beginning. County Commissioner District No. 2: Beginning at the northwest corner of Seminole County; thence, proceed in an easterly direction along the northern boundary of

MONDAY, FEBRUARY 18, 2002

849

Seminole County until it intersects with the center of State Route #91; thence, proceed in a southerly direction along the center of State Route #91 until it intersects with the Phil Spooner Road; thence, proceed in a westerly direction along the center of the Phil Spooner Road until it intersects with the J Q Harvey _ River Road; thence, proceed in a southerly direction along the center of the J Q Harvey _ River Road until it intersects with State Route #91; thence, proceed in a westerly direction along the center of State Route #91 until it intersects with the western boundary of Seminole County; thence, proceed in a northerly direction along the western boundary of Seminole County until it reaches the point of beginning. County Commissioner District No. 3: Beginning at a point where the east right of way line of State Route #91 intersects the Northern boundary of the City of Donalsonville and from said point proceed easterly along the northern boundary of the City of Donalsonville until it corners south; thence proceed in a southerly direction along the eastern boundary of the City of Donalsonville until it corners west; thence, proceed in a westerly direction along the southern boundary of the City of Donalsonville until it intersects with State Route #91; thence, proceed in a northerly direction along the center of State Route #91 to the point of beginning. County Commissioner District No. 4: Beginning at the northeast corner of Seminole County; thence, proceed in a southerly direction along the eastern boundary of Seminole County until it intersects with State Route #253; thence; proceed in a southerly direction along the center of State Route #253 until it intersects with Burke Road; thence, proceed in a westerly direction along the center of Burke Road until it intersects with Fishpond Drain; thence, proceed along the center of Fishpond Drain until it intersects with State Route #39; thence, proceed in a northerly direction along the center of State Route #39 until it intersects with the southern boundary of the City of Donalsonville; thence, proceed in an easterly direction along the southern boundary of the City of Donalsonville until it corners north; thence, proceed in a northerly direction along the eastern boundary of the City of Donalsonville until it corners west; thence, proceed in a westerly direction along the norther boundary of the City of Donalsonville until it intersects with State Route #91; thence, proceed in a northerly direction along the center of State Route #91 until it intersects with the northern boundary of Seminole County; thence, proceed in an easterly direction along the northern boundary of Seminole county to the point of beginning. County Commissioner District No. 5: All remaining lands not contained in districts one, two, three and four and being bounded on the east, west, and south by original county lines and on the north by the south lines of districts one and four shall be known as district five. Any part of Seminole County which is not included in any county commissioner district described in this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Seminole County which is described as being in a particular county commissioner district shall nevertheless not be included within such county commissioner district if such part is not contiguous to such district.

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Such noncontiguous part shall instead be included within that county commissioner district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any county commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Commissioners of Seminole County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Seminole County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the Board of Commissioners of Seminole County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Allen Y Amerson E Anderson Y Ashe Y Bannister

Y Cox Y Crawford Y Cummings Y Davis E Day

Y Hudson, N E Hudson, S Y Hugley Y Irvin Y Jackson, B

Y O'Neal Y 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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders
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

MONDAY, FEBRUARY 18, 2002

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 Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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

851
Y Smith, V Smyre
Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Bridges of the 9th 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 1271. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Education of Seminole County, so as to reapportion the Board of Education of Seminole County; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Board of Education of Seminole County, approved March 14, 1983 (Ga. L. 1983, p. 3994), as amended, so as to reapportion the Board of Education of Seminole County; to change the description of the education districts; to provide for the continuation in office of the current members; to provide for the submission of this Act to the United States Department of Justice; 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. An Act creating the Board of Education of Seminole County, approved March 14, 1983 (Ga. L. 1983, p. 3994), is amended by striking, in its entirety, subsection (a) of Section 1 and inserting in lieu thereof the following:
"SECTION 1. (a) The Board of Education of Seminole County shall consist of five members to be elected as provided in this Act. For the purpose of electing such members, the Seminole County School District shall be divided into five educational districts as follows:
DISTRICT NO. 1 Begin at a point where State Route #91 intersects with the western boundary of Seminole County; thence, proceed in an easterly direction along the center of State Route #91 until it intersects with the J Q Harvey - River Road; thence, proceed in a northerly direction along the center of the J Q Harvey - River Road until it intersects with the Phil Spooner Road; thence, proceed in an easterly direction along the center of Phil Spooner Road until it intersects with State Route 91; thence, then proceed in a northerly direction along the center of State Route #91 until it intersects with the southern boundary of the City of Donalsonville; thence, proceed in an easterly direction along the southern boundary of the City of Donalsonville until it intersects with State Route #39; thence, proceed in a southerly direction along the center of State Route #39 until it intersects with Fishpond Drain; thence, proceed in a southerly direction along the center of Fishpond Drain until it intersects with the Peanut Bland Road; thence, proceed in a westerly direction along the center of the Peanut Bland Road until it intersects with the F B Faircloth Road; thence, proceed in a southerly direction along the center of F B Faircloth Road until it intersects with the Burke Road; thence, proceed in a westerly direction along the center of the Burke Road until it intersects with State Route #39; thence, proceed in a southerly direction along the center of State Route #39 until it intersects with State Route #253; thence, proceed in

MONDAY, FEBRUARY 18, 2002

853

a westerly direction along the center of State Route #253 until it ends; thence, forming an imaginary line crossing Lake Seminole, running in the same westerly direction as State Route #253, until the imaginary line intersects with the western boundary of Seminole County; thence, proceed in a northerly direction along the western boundary of Seminole County until it reaches the point of beginning. DISTRICT NO. 2 Beginning at the northwest corner of Seminole County; thence, proceed in an easterly direction along the northern boundary of Seminole County until it intersects with the center of State Route #91; thence, proceed in a southerly direction along the center of State Route #91 until it intersects with the Phil Spooner Road; thence, proceed in a westerly direction along the center of the Phil Spooner Road until it intersects with the J Q Harvey - River Road; thence, proceed in a southerly direction along the center of the J Q Harvey - River Road until it intersects with State Route #91; thence, proceed in a westerly direction along the center of State Route #91 until it intersects with the western boundary of Seminole County; thence, proceed in a northerly direction along the western boundary of Seminole County until it reaches the point of beginning. DISTRICT NO. 3 Beginning at a point where the east right of way line of State Route #91 intersects the Northern boundary of the City of Donalsonville and from said point proceed easterly along the northern boundary of the City of Donalsonville until it corners south; thence proceed in a southerly direction along the eastern boundary of the City of Donalsonville until it corners west; thence, proceed in a westerly direction along the southern boundary of the City of Donalsonville until it intersects with State Route #91; thence, proceed in a northerly direction along the center of State Route #91 to the point of beginning. DISTRICT NO 4. Beginning at the northeast corner of Seminole County; thence, proceed in a southerly direction along the eastern boundary of Seminole County until it intersects with State Route #253; thence; proceed in a southerly direction along the center of State Route #253 until it intersects with Burke Road; thence, proceed in a westerly direction along the center of Burke Road until it intersects with Fishpond Drain; thence, proceed along the center of Fishpond Drain until it intersects with State Route #39; thence, proceed in a northerly direction along the center of State Route #39 until it intersects with the southern boundary of the City of Donalsonville; thence, proceed in an easterly direction along the southern boundary of the City of Donalsonville until it corners north; thence, proceed in a northerly direction along the eastern boundary of the City of Donalsonville until it corners west; thence, proceed in a westerly direction along the norther boundary of the City of Donalsonville until it intersects with State Route #91; thence, proceed in a northerly direction along the center of State Route #91 until it intersects with the northern boundary of Seminole County; thence, proceed in an easterly direction along the northern boundary of Seminole county to the point of beginning.

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DISTRICT NO. 5 All remaining lands not contained in districts one, two, three and four and being bounded on the east, west, and south by original county lines and on the north by the south lines of districts one and four shall be known as district five. Any part of the Seminole County School District which is not included in any educational district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Seminole County School District which is described as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any educational district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Seminole County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 3. It shall be the duty of the attorney of the Board of Education of Seminole County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the Board of Education of Seminole County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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855

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 E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders
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 E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D E 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
Stanley Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representative Bridges of the 9th 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 1272. By Representatives Bannister of the 77th and Squires of the 78th:
A BILL to provide a new charter for the City of Lilburn; and for other purposes.

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

HB 1370. By Representatives Manning of the 32nd, Johnson of the 35th, Golick of the 30th, 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 provisions relating to the compensation of assistant solicitors; and for other purposes.

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

HB 1371. By Representatives Johnson of the 35th, Parsons of the 40th, Wix of the 33rd, Golick of the 30th, Manning of the 32nd and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court; and for other purposes.

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

HB 1379. By Representatives Snelling of the 99th and Hembree of the 98th:

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857

A BILL to amend an Act providing for election districts for the board of education of Douglas County, so as to provide for compensation of members; and for other purposes.

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

HB 1383. By Representative Birdsong of the 123rd:
A BILL to amend an Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, so as to increase the amount of such exemption to $25,000.00 of the assessed value of the homestead; and for other purposes.

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

HB 1384. By Representative Birdsong of the 123rd:
A BILL to amend an Act creating a Board of Commissioners of Twiggs County, so as to reapportion the commissioner districts; and for other purposes.

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

HB 1385. By Representative Birdsong of the 123rd:
A BILL to amend an Act creating a Board of Education of Twiggs County, so as to change the description of the districts from which members of such board are elected; and for other purposes.

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

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HB 1388. By Representative Royal of the 164th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

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

HB 1390. By Representative Birdsong of the 123rd:
A BILL to create a board of elections and registration in Twiggs County; and for other purposes.

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

HB 1392. By Representative Barnard of the 154th:
A BILL to amend an Act creating the Tattnall County Board of Elections, so as to change said board to the Tattnall County Board of Elections and registration; to change the name of said board; to provide that the board shall have the powers and duties of the board of registrars; 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 E Anderson

Y Cox Y Crawford Y Cummings

Y Hudson, N E Hudson, S Y Hugley

Y O'Neal Y Orrock Y Parham

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

Y Ashe Y Bannister Y Barnard Y Barnes Y Bell E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders
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

MONDAY, FEBRUARY 18, 2002

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

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

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 Reichert Y Rice Y Richardson Y Roberts, D E 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

859
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 156, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Bridges of the 9th 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 1087. By Representative Poag of the 6th:
A RESOLUTION designating the Flood Town Christmas Community in Murray County; and for other purposes.

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

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

Allen Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux E Borders
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 E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D E 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
Stanley Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

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

Representative Bridges of the 9th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 18, 2002

861

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 79. By Senators James of the 35th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to change certain definitions; to change provisions relating to payment of temporary disability compensation to certain public safety employees; to amend the Official Code of Georgia Annotated so as to change references to "fireman" to "firefighter" and references to "firemen" to "firefighters"; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 365. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th and Walker of the 22nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of the Georgia Emergency Management Agency, so as to provide for site surveys, safety audits, and vulnerability assessments for certain public buildings; to provide for certain state government safety plans; to provide for a program of safety training; to provide for government emergency operations plans; to provide for interagency cooperation; to exempt certain records from public inspection and disclosure; to repeal conflicting laws; and for other purposes.
SB 405. By Senators Polak of the 42nd, Thomas of the 10th, Burton of the 5th, Stokes of the 43rd, Ladd of the 41st and others:
A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of county taxes, so as to revise and change the population and census application and certain provisions regarding payment of ad valorem taxes in installments; to provide effective

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dates; to provide for automatic repeal of certain provisions; 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 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Marable of the 52nd, Kemp of the 3rd, and Smith of the 25th.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1194. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act entitled "Griffin-Spalding County School System", to repeal an Act continuing in force and effect as a part of the Constitution of the State of Georgia that local constitutional amendment ratified at the general election on November 4, 1952 (Resolution Act No. 122, House Resolution No. 259-943a, Ga. L. 1952, p. 554), and that local constitutional amendment ratified at the general election on November 2, 1982; to repeal that local constitutional amendment ratified at the general election on November 4, 1952; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

MONDAY, FEBRUARY 18, 2002

863

SR 585. By Senators Stokes of the 43rd, Crotts of the 17th, Thomas of the 10th and Butler of the 55th:
A RESOLUTION designating the Earl Paulk Parkway; 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 79.

By Senators James of the 35th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to change certain definitions; to change provisions relating to payment of temporary disability compensation to certain public safety employees; to amend the Official Code of Georgia Annotated so as to change references to "fireman" to "firefighter" and references to "firemen" to "firefighters"; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 365. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th and Walker of the 22nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of the Georgia Emergency Management Agency, so as to provide for site surveys, safety audits, and vulnerability assessments for certain public buildings; to provide for certain state government safety plans; to provide for a program of safety training; to provide for government emergency operations plans; to provide for interagency cooperation; to exempt certain records from public inspection and disclosure; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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SB 405. By Senators Polak of the 42nd, Thomas of the 10th, Burton of the 5th, Stokes of the 43rd, Ladd of the 41st and others:
A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of county taxes, so as to revise and change the population and census application and certain provisions regarding payment of ad valorem taxes in installments; to provide effective dates; to provide for automatic repeal of certain provisions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SR 585. By Senators Stokes of the 43rd, Crotts of the 17th, Thomas of the 10th and Butler of the 55th:
A RESOLUTION designating the Earl Paulk Parkway; and for other purposes.

Referred to the Committee on Transportation.

Representative Snow of the 2nd 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 Mobley of the 69th arose to a point of personal privilege and addressed the House.

Representative McClinton of the 68th 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:

MONDAY, FEBRUARY 18, 2002

865

HR 1141. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A RESOLUTION commending Hilsman Middle School as the 2002 State Champions of the Academic Bowl for Middle Grades and inviting the team, coaches, and principal to appear before this body; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 952. By Representatives Williams of the 83rd, Reece of the 11th, Unterman of the 84th, Bannister of the 77th and Coan of the 82nd:
A RESOLUTION commending South Gwinnett High School's Technology Education Program and teacher and inviting Mr. Charles Kachmar and Mr. Geoffry Sosebee to appear before the House of Representatives; and for other purposes.
HR 1113. By Representatives Skipper of the 137th, Royal of the 164th, Jenkins of the 110th, Porter of the 143rd and Buck of the 135th:
A RESOLUTION recognizing and commending Head Coach Chan Gailey and inviting him to appear before the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1026. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Jamieson of the 22nd and Heard of the 89th:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; and for other purposes.

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

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

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

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

Y Hudson, N E Hudson, S Y Hugley Y Irvin Y Jackson, B E 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 Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R 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.

MONDAY, FEBRUARY 18, 2002

867

HB 1285. By Representative Walker of the 141st:
A BILL to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change provisions relating to the state auditor's authority to conduct special examinations and audits and to obtain documentary evidence in connection therewith; to provide for the state auditor's powers to conduct vulnerability assessments and reviews of electronic information systems and computer security systems; and for other purposes.

The following amendment was read and adopted:

Representatives Walker of the 141st, Porter of the 143rd and Ehrhart of the 36th move to amend HB 1285 by adding at the end of line 11 of page 2 the following:
"If a public request to inspect such documents has been pending for at least six months, the state auditors decision not to disclose the documents shall be subject to judicial review in the Superior Court of Fulton County. On judicial review, the state auditor shall have the burden of establishing that the states interest in nondisclosure outweighs the public interest in access to the records."
By adding immediately after the period on line 19 of page 2 the following:
"A decision of the state auditor not to disclose documents pursuant to this subsection shall be subject to judicial review in the Superior Court of Fulton County, provided a public request to inspect such documents has been pending for at least six months. The state auditor shall have the burden of establishing that the states interest in nondisclosure outweighs the public interest in access to the records."

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

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

Allen Y Amerson E Anderson Y Ashe Y Bannister Y Barnard

Y Cox Y Crawford Y Cummings Y Davis E Day Y Dean

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

Y O'Neal 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

868
Y Barnes Y Bell E Benfield Y Birdsong Y Black Y Boggs 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

JOURNAL OF THE HOUSE

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

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

Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E 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 Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1192. By Representatives Snow of the 2nd, Manning of the 32nd, Wix of the 33rd, Morris of the 155th, Crawford of the 129th and others:
A BILL to amend Article 7 of Chapter 9 of Title16 of the Official Code of Georgia Annotated, relating to crimes relative to motor vehicle sales and transfers, so as to prohibit certain installation practices involving air bags; and for other purposes.

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

MONDAY, FEBRUARY 18, 2002

869

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

Allen Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell E Benfield Y Birdsong Y Black Y Boggs 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 E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster
Franklin Y Gardner Y Golick Y Graves Y Greene E Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice N Richardson Y Roberts, D E 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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

Representatives Franklin of the 39th and Joyce of the 1st 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.

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JOURNAL OF THE HOUSE

HB 1303. By Representatives Houston of the 166th, Boggs of the 168th, Hudson of the 156th, Coleman of the 142nd, Westmoreland of the 104th and others:
A BILL to amend Article 22A of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to marine manufacturers, so as to change certain provisions relating to termination of contractual relationship between dealer and manufacturer; to change certain provisions relating to application of said article; 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 E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell E Benfield Y Birdsong Y Black Y Boggs 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 E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene E Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Hudson, N E Hudson, S Y Hugley Y Irvin Y Jackson, B E 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 Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D E Roberts, L N 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

MONDAY, FEBRUARY 18, 2002

871

On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1313. By Representatives Birdsong of the 123rd and Buck of the 135th:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion; and for other purposes.

The report of the Committee, which was favorable to the 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 E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell E Benfield Y Birdsong Y Black Y Boggs 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 E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Graves Y Greene E Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree Y Henson

Y Hudson, N E Hudson, S Y Hugley Y Irvin Y Jackson, B E 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 Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney

Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D E 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
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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

872
Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hines Y Holland Y Holmes Y Houston Y Howard Y Hudgens

Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Smyre of the 136th was not recorded on 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 1140. By Representative Floyd of the 138th:
A RESOLUTION recognizing and commending Miss Audrey Lee Barrett, 2001 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes.

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 1140 Do Pass

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

MONDAY, FEBRUARY 18, 2002

873

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1140. By Representative Floyd of the 138th:
A RESOLUTION recognizing and commending Miss Audrey Lee Barrett, 2001 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; 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.

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Representative Hall, Atlanta, Georgia Tuesday, February 19, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Bill Adams, Pastor, Oak Hill United Methodist Church, Lyerly, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

TUESDAY, FEBRUARY 19, 2002

875

The following communication was received:
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Diane Z. Grasse State Representative
Sworn to and subscribed before me, this 19th day of February, 2002.
/s/ Frank Mills, III Judge
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1448. By Representatives Harrell of the 62nd and Twiggs of the 8th:
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 roadway, overtaking and passing, and following too closely, so as to provide for a certain exception from provisions relating to no-passing zones for drivers of vehicles traveling in lanes designated for use by high occupancy vehicle (HOV); and for other purposes.

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Referred to the Committee on Motor Vehicles.
HB 1449. By Representatives Hammontree of the 4th, Hudgens of the 24th, Williams of the 5th, McBee of the 88th and Heard of the 89th:
A BILL to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the provisions relating to population brackets and the census relative to the time for making tax returns in certain counties; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1450. By Representatives Wix of the 33rd, Morris of the 155th and Golick of the 30th:
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 commissioner of corrections, if requested by the sheriff, shall transfer such person to a correctional institution; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1451. By Representatives Wix of the 33rd, Morris of the 155th and Golick of the 30th:
A BILL to amend Code Section 17-13-44 of the Official Code of Georgia Annotated, relating to payment of expenses related to extradition of any fugitive from justice, so as to provide for the recovery of expenses of the extradition of any fugitive from justice; and for other purposes.
Referred to the Committee on Special Judiciary.

TUESDAY, FEBRUARY 19, 2002

877

HB 1452. By Representative Shaw of the 176th:
A BILL to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to maintenance and filing rates, rating plans, rating systems, or underwriting rules, so as to provide for the ability of insurers to file and use personal private passenger motor vehicle insurance rates under certain circumstances; to provide that the Commissioner of Insurance may suspend a rate filing of an insurer under certain circumstances; and for other purposes.
Referred to the Committee on Insurance.
HB 1453. By Representative Pinholster of the 15th:
A BILL to create the Canton Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1454. By Representatives Hammontree of the 4th and Williams of the 5th:
A BILL to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1455. By Representatives Franklin of the 39th, Westmoreland of the 104th, Ehrhart of the 36th, Irvin of the 45th, Callaway of the 81st and others:
A BILL to amend Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to definition of employment for purposes of the Employment Security Law, so as to exclude services performed for a Subchapter "S" corporation by an owner of such corporation; and for other purposes.

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Referred to the Committee on Industrial Relations.
HB 1456. By Representative Smith of the 103rd: A BILL to amend an Act providing for election of members of the Board of Education of Heard County, so as to change the description of the education district; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1457. By Representative Buck of the 135th: 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 repeal Article 6 thereof, relating to interstate purchase of rifles and shotguns; and for other purposes.
Referred to the Committee on Industry.
HB 1458. 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, so as to increase the clerical help allowance of the clerk of the judge of the probate court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1459. By Representatives Ehrhart of the 36th, Wiles of the 34th, Manning of the 32nd, Wix of the 33rd, Johnson of the 35th and others: A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit; and for other purposes.

TUESDAY, FEBRUARY 19, 2002

879

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1460. By Representative Byrd of the 170th: 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 a special license plate honoring the Thanks Mom and Dad Fund; and for other purposes.
2/18/2002 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1460. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Byrd District 170
Referred to the Committee on Motor Vehicles.
HB 1461. By Representative Royal of the 164th: A BILL to amend Code Section 48-7-40.12 of the Official Code of Georgia Annotated, relating to the state income tax credit for qualified research expenses, so as to change certain provisions with respect to carrying forward unused credit; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1462. By Representative Royal of the 164th: 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

880

JOURNAL OF THE HOUSE

provide for an exemption with respect to sales for certain biotechnology research, product development, or manufacturing; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1463. By Representative Royal of the 164th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for certain high technology business investment; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1464. By Representative Royal of the 164th:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide an income tax credit for certain technology upgrade expenditures of qualified manufacturing companies; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1465. By Representative Royal of the 164th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to chapters of the Georgia State Society of the Daughters of the American Revolution; and for other purposes.

Referred to the Committee on Ways & Means.

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881

HB 1466. By Representative Byrd of the 170th:
A BILL to amend Code Section 48-7-114 of the Official Code of Georgia Annotated, relating to estimated income tax by individuals, so as to increase the threshold at which estimated tax liability payments are required; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1467. By Representative Byrd of the 170th:
A BILL to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers' sales and use tax returns, so as to increase the threshold at which estimated tax liability payments are required; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1468. By Representative Amerson of the 7th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Lumpkin County, so as to provide for the nomination and election of members of the board of education in nonpartisan primaries and elections; and for other purposes.

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

HB 1469. By Representative Amerson of the 7th:
A BILL to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $6,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 1470. By Representative Amerson of the 7th: A BILL to provide a homestead exemption from Lumpkin County School District ad valorem taxes for educational purposes in the amount of $6,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1471. By Representative Amerson of the 7th: A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lumpkin County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1472. By Representative Amerson of the 7th: A BILL to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Lumpkin County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1473. By Representative Birdsong of the 123rd: A BILL to amend an Act entitled "An Act to create the Joint WilkinsonMcIntyre-Irwinton-Toomsboro Water and Sewer Authority," so as to change the name of such water authority; to change the composition and appointment of members of such authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 19, 2002

883

HB 1474. By Representative Smith of the 102nd:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to redistrict the Board of Education of Harris County; and for other purposes.

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

HB 1475. By Representative Channell of the 111th:
A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; and for other purposes.

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

HB 1476. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act creating the State Court of Spalding County, so as to change the terms of said court; and for other purposes.

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

HB 1477. By Representatives Ashe of the 46th, Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to delete a requirement for completion of three years of teaching in Georgia public schools as a prerequisite for an increase in state salary for achieving national certification and state payment of a portion of the national certification program participation fee; to change provisions relating to computation of the increase in state salary; and for other purposes.

Referred to the Committee on Education.

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JOURNAL OF THE HOUSE

HB 1478. By Representatives Barnes of the 97th, Buckner of the 95th and Dodson of the 94th:
A BILL to provide for a homestead exemption from all City of Jonesboro ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for certain residents of that city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1479. By Representatives Harbin of the 113th, Stephens of the 150th and Rogers of the 20th:
A BILL to amend Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to operators of hotels, inns, and roadhouses, so as to provide that the keeper of a hotel, motel, apartment hotel, boarding house, or inn shall provide certain basic security features for all rooms within such hotel, motel, apartment hotel, boarding house, or inn; and for other purposes.
Referred to the Committee on Industry.
HB 1480. By Representatives Hembree of the 98th and Snelling of the 99th:
A BILL to amend an Act providing for election districts for the board of education of Douglas County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1481. By Representatives Snow of the 2nd, Smith of the 175th, Joyce of the 1st, Sims of the 167th, Williams of the 5th and others:
A BILL to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses regarding dead bodies, so as to change certain provisions relating to abuse of dead body; to prohibit and

TUESDAY, FEBRUARY 19, 2002

885

punish certain throwing away, abandonment, or final disposition of dead bodies; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change certain provisions relating to definitions; to change certain provisions relating to crematories; and for other purposes.

Referred to the Committee on Public Safety.

HB 1482. By Representatives Lucas of the 124th, Epps of the 131st, Brooks of the 54th, Snow of the 2nd, Buck of the 135th and others:
A BILL to amend Code Section 50-8-191 of the Official Code of Georgia Annotated, relating to application for regional economic assistance project (REAP) designation, minimum criteria, and reciprocal use agreements with adjacent facilities, so as to change the provisions relating to the minimum criteria for application for designation as a regional economic assistance project; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1483. By Representatives Kaye of the 37th, Westmoreland of the 104th, Ehrhart of the 36th, Pinholster of the 15th, Mueller of the 152nd and others:
A BILL to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to provide for exemption from certain obligations for public schools receiving specified ratings; to provide for a short title; to provide for exceptions; to provide for the duration of such exemption; to provide for continued control by the local board of education; and for other purposes.

Referred to the Committee on Education.

HR 1142. By Representatives Mills of the 21st, Westmoreland of the 104th, Richardson of the 26th, Jackson of the 112th, Coan of the 82nd and others:
A RESOLUTION urging the Congress of the United States to pass a constitutional amendment to the Constitution of the United States to allow

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for voluntary school prayer and the protection of public religious speech; and for other purposes.

Referred to the Committee on Judiciary.

HR 1143. By Representatives Reece of the 11th, McClinton of the 68th, Bell of the 25th, Channell of the 111th, Hudson of the 120th and others:
A RESOLUTION to encourage members of the Georgia House of Representatives and state agencies and other service agencies involved in health care to promote the use of the Georgia income tax checkoff for contributions to cancer research; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1144. By Representatives Tillman of the 173rd, Smith of the 169th, Mosley of the 171st, Coleman of the 142nd, Keen of the 174th and others:
A RESOLUTION conveying certain state owned real property located in Glynn County, including easements for use and access over certain state owned property located in Glynn County; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 1145. By Representatives Smyre of the 136th, Childers of the 13th, Smith of the 169th, Murphy of the 18th, Buck of the 135th and others:
A RESOLUTION urging BellSouth to reconsider relocating its Georgia call center; and for other purposes.

Referred to the Committee on Rules.

HR 1146. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th and Smith of the 91st:

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887

A RESOLUTION continuing the Joint Study Committee on Limited Access for State Route 316/University Parkway; and for other purposes.

Referred to the Committee on Rules.

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

HB 1410 HB 1411 HB 1412 HB 1413 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418 HB 1419 HB 1420 HB 1421 HB 1422 HB 1423 HB 1424 HB 1425 HB 1426 HB 1427 HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1434

HB 1435 HB 1436 HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 HB 1447 HR 1116 HR 1117 HR 1118 HR 1135 HR 1136 HR 1137 HR 1139 SB 79 SB 365 SB 405 SR 585

Pursuant to Rule 52, Representative Golick of the 30th moved that the following Bill of the House be engrossed:

HB 1418. By Representatives Golick of the 30th, Wix of the 33rd, Johnson of the 35th, Collins of the 29th, Manning of the 32nd and others:

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A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an exemption for sales to certain local government authorities; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Amerson of the 7th moved that the following Bill of the House be engrossed:
HB 1433. By Representative Amerson of the 7th:
A BILL to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize counties and municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises to permit and regulate the Sunday sale of malt beverages and wine for consumption on the premises in certain licensed establishments if approved by referendum; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:
HB 1434. By Representatives Buck of the 135th, Royal of the 164th, Smith of the 175th and Skipper of the 137th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to state income taxation, so as to provide for certain technical corrections and modifications; to provide for proper administration of certain provisions regarding state income taxation; to change certain provisions regarding definitions relating to income tax; to change certain provisions regarding computation of taxable net income; to change certain provisions regarding taxation of nonresidents' income; to change certain provisions regarding conditions for allocating certain income; to amend Title

TUESDAY, FEBRUARY 19, 2002

889

20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding the Georgia Higher Education Savings Plan; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 164th moved that the following Bill of the House be engrossed:

HB 1439. By Representatives Royal of the 164th, Buck of the 135th, Smith of the 175th, Westmoreland of the 104th and Cox of the 105th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income tax credits for low and zero emission vehicles; to provide for additional procedures, conditions, and limitations with respect to such credit; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability of certain provisions and requirements with respect to low-speed vehicles; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Smith of the 175th moved that the following Bill of the House be engrossed:

HB 1440. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding assignment of corporate income tax credits; to provide for state insurance premium tax credits with respect to certified capital companies; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Office of Treasury and Fiscal Services; and for other purposes.

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The motion prevailed.
Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:
HB 1443. By Representatives Skipper of the 137th, Royal of the 164th and Buck of the 135th:
A BILL to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for the taxation of mobile telecommunications services; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to change certain provisions regarding imposition of various taxes by political subdivisions; to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of subscribers for "911" charges, so as to provide for applicability of certain charges; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:
HB 1446. By Representatives Buck of the 135th, Skipper of the 137th, Royal of the 164th, Hudson of the 156th, Ehrhart of the 36th and others:
A BILL to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use tax, so as to change the definition of "gross sales" with respect to transactions relating to certain sales of telephone services; and for other purposes.
The motion prevailed.

TUESDAY, FEBRUARY 19, 2002

891

Pursuant to Rule 52, Representative Williams of the 5th moved that the following Resolution of the House be engrossed:

HR 1139. By Representative Williams of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state sales and use tax of 3 percent, which rate of taxation may be adjusted as necessary by the General Assembly, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; and for other purposes.

The motion prevailed.

Representative Parrish of the 144th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 353 Do Pass, by Substitute

Respectfully submitted, /s/ Parrish of the 144th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

892 HB 1346 Do Pass

JOURNAL OF THE HOUSE

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

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1310 Do Pass

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

HB 1274 Do Pass HB 1302 Do Pass, by Substitute HB 1395 Do Pass HB 1396 Do Pass

HB 1403 Do Pass HB 1404 Do Pass HB 1409 Do Pass

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

TUESDAY, FEBRUARY 19, 2002

893

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 19, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

HB 1003 HB 1096 HB 1104 HB 1150 HB 1155
HB 1176 HB 1237
HB 1238

Telecommunications equipment distribution program; provisions Oconee River Greenspace Authority; create Superior court clerks; fees; repeal certain sunset provisions Pick-your-own farms, equine or llama activities, fishing locations; liability Workers' compensation; certain data; rehabilitation suppliers; benefit checks Trusts; redefine "foreign corporation" County boards of health; soil classifier; on-site sewage management systems Evidence; medical bills pertaining to civil trial; identification

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

Chairman

Respectfully submitted, /s/ Smyre of the 136th

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1395. By Representatives Henson of the 65th, Watson of the 70th, Millar of the 59th, Benfield of the 67th, Harrell of the 62nd and others:

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A BILL to amend an Act creating the DeKalb County Civic Center Authority, so as to change provisions relating to the number of members constituting a quorum; 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 95, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1302. By Representative Barnard of the 154th:
A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to provide for new road districts for members of the board; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the board of commissioners of Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4624) and an Act approved February 28, 1992 (Ga. L. 1992, p. 4825) and automatically repealed in April, 1992, so as to provide for new road districts for members of the board; to implement the consent order entered in Windgate, et al. v. Tattnall County, Georgia v. Williams, et al., Civil Action CV600-070, ___ Fed. Supp. ___ (S. D. Ga.) 2000; to provide for a special election in July, 2002, to elect members of the board in accordance with new road districts adopted in this Act; to provide for terms of office of the chairperson and members of the board; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved March 28, 1985

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895

(Ga. L. 1985, p. 4624) and an Act approved February 28, 1992 (Ga. L. 1992, p. 4825) and automatically repealed in April, 1992, is amended by striking subsection (c) of Section 1A and inserting in lieu thereof the following:
"(c)(1) The term of office of the chairperson of the commission elected in the November general election in 2000, who took office on January 1, 2001, shall end December 31, 2004. A successor shall be elected in the state-wide general election in 2004 and shall take office on January 1, 2005. (2) The provisions of paragraphs (3) and (4) of this subsection are intended to implement the consent order entered in Windgate, et al. v. Tattnall County, Georgia v. Williams, et al., Civil Action CV600-070, ___ Fed. Supp. ___ (S. D. Ga.) 2000. (3) A special election shall be held at the time of and in conjunction with the general primary election in July, 2002, to elect the five members of the board of commissioners from the road districts described in Section 1B and enacted at the same time as this section. The term of office of the members of the commission elected in the November general election in 2001, who took office on January 1, 2002, shall end when their successors are elected in the special election provided for in this paragraph and qualified. (4) The terms of office of the members of the board of commissioners elected in July, 2002, in accordance with paragraph (2) of this subsection shall end December 31, 2004. Their successors shall be nominated and elected in the state-wide general election in 2004 and shall take office on January 1, 2005. (5) Thereafter, successors to the chairperson and members of the board of commissioners whose terms are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. The chairperson and members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified."
SECTION 2. Said Act is further amended by striking Section 1B and inserting in lieu thereof the following:
"SECTION 1B. (a) For the purpose of electing the five members of the board other than the chairperson of the board, Tattnall County is divided into the following districts:
District 1 Beginning at the point where U.S. 280 intersects the Tattnall - Evans County line; west along U.S. 280 to the Reidsville City Limit; northwest along the Reidsville City Limit, then southwest along the Reidsville City Limit to S.R. 23/57; north along S.R. 23/57 to C.R. 172; west along C.R. 172 to C.R. 173; southwest along C.R. 173 to C.R. 164; northwest along C.R. 164 to C.R. 444; southwest along C.R. 444, then south along C.R. 444, then west along C.R. 444 to U.S. 280; west northwest along U.S. 280 to the Ohoopee River; north west along the Ohoopee River to the point where the

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Ohoopee River intersects the Tattnall - Toombs County line; and northwest, east and southeast along the Tattnall County Line to the point of beginning. District 2 Beginning at the point where U.S. 280 intersects the Tattnall - Evans County line; west along U.S. 280 to the Reidsville City Limit; northwest along the Reidsville City Limit, then southwest along the Reidsville City Limit to S.R. 23/57; north along S.R. 23/57 to C.R. 172; west along C.R. 172 to C.R. 173; southwest along C.R. 173 to C.R. 164; northwest along C.R. 164 to C.R. 444; southwest along C.R. 444, then south along C.R. 444, then west along C.R. 444 to U.S. 280; west northwest along U.S. 280 to the Ohoopee River; northwest along the Ohoopee River to the point where the Ohoopee River intersects the Tattnall - Toombs County line; southeast along the Tattnall County Line to Rocky Creek; east along Rocky Creek to Buck Branch; south along Buck Branch to C.R. 180; southeast along the Georgia State Prison boundary, then east along the Georgia State Prison boundary, then north along the Georgia State Prison boundary, then east along the Georgia State Prison boundary to the Ohoopee River; southeast along the Ohoopee River to S.R. 147; northeast along S.R. 147 3/4 mile to private road; southeast along private road to C.R. 196; northeast along C.R. 196 to C.R. 259; east along C.R. 259 to Thomas Creek; south and south west along Thomas Creek to the Ohoopee River; easterly along the north bank of the Ohoopee River to Put Drive; northeasterly along Put Drive to C.R. 266; northeast along C.R. 266 to C.R. 264; southeast, east and south along C.R. 264 to C.R. 267; east along C.R. 267 to S.R. 121; north along S.R. 121 to S.R. 23/57; north on C.R. 236 to C.R. 235; northwest on C.R. 235 to C.R. 476; east on C.R. 476 to where C.R. 476 intersects the Tattnall - Evans County line; and north along the Tattnall County Line to the point of beginning. District 3 Beginning at the point where U.S. 301 intersects the Tattnall - Evans County line; south on U.S. 301 to C.R. 382; west on C.R. 382 to C.R. 425; southwest on C.R. 425 to C.R. 385; southeast on C.R. 385 to Mill Creek; east on Mill Creek to U.S. 301; south on U.S. 301 to C.R. 337; east and southeast on C.R. 337 to C.R. 340; northeast on C.R. 340 to S.R. 196; southeast on S.R. 196 to where S.R. 196 intersects the Tattnall - Long County line; and northeast then west along the Tattnall County Line to the point of beginning. District 4 Beginning at the point where C.R. 476 intersects the Tattnall - Evans County line; west along C.R. 476 to C.R. 235; southeast on C.R. 235 to C.R. 236 south along C.R. 236 to S.R. 23/57; south and then southeast on S.R. 121 to S.R. 144; east on S.R. 144 to C.R. 417; north along C.R. 417 to the Glennville City Limit at C.R. 418; east then south then southeast along the Glennville City Limit to U.S. 301; north on U.S. 301 to Mill Creek; west on Mill Creek to C.R. 385; northwest on C.R. 385 to C.R. 425; northeast on C.R. 425 to C.R. 382; east on C.R. 382 to U.S. 301; north on U.S. 301 to where U.S. 301 intersects the Tattnall - Evans County line; and northwest along the Tattnall County Line to the point of beginning.

TUESDAY, FEBRUARY 19, 2002

897

District 5 Beginning at the point where Rocky Creek intersects the Tattnall - Toombs County line; east along Rocky Creek to Buck Branch; south along Buck Branch to C.R. 180; southeast along the Georgia State Prison boundary, then east along the Georgia State Prison boundary, then north along the Georgia State Prison boundary, then east along the Georgia State Prison boundary to the Ohoopee River; southeast along the Ohoopee River to S.R. 147; northeast along S.R. 147 3/4 mile to private road; southeast along private road to C.R. 196; northeast along C.R. 196 to C.R. 259; east along C.R. 259 to Thomas Creek; south and south west along Thomas Creek to the Ohoopee River; easterly along the north bank of the Ohoopee River to Put Drive; northeasterly along Put Drive to C.R. 266; northeast along C.R. 266 to C.R. 264; southeast, east and south along C.R. 264 to C.R. 267; east along C.R. 267 to S.R. 121; south and then southeast on S.R. 121 to S.R. 144; east on S.R. 144 to C.R. 417; north along C.R. 417 to the Glennville City Limit at C.R. 418; east then south then southeast along the Glennville City Limit to U.S. 301; south on U.S. 301 to C.R. 337; east and southeast on C.R. 337 to C.R. 340; northeast on C.R. 340 to S.R. 196; southeast on S.R. 196 to where S.R. 196 intersects the Tattnall - Long County line; and southwest then northwest then north along the Tattnall County Line to the point of beginning. (b) Any part of Tattnall County which is not included in any such district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Tattnall County which is described in subsection (a) of this section as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Tattnall County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Allen Amerson
E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
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
Drenner Y Dukes Y Ehrhart E Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

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

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

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 Stanley Y Stanley-Turner Y Stephens E Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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

TUESDAY, FEBRUARY 19, 2002

899

HB 1274. By Representatives Johnson of the 35th, Wix of the 33rd, Manning of the 32nd, Parsons of the 40th and Golick of the 30th:
A BILL to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1396. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens and the existing school system in the County of Clarke, so as to change the composition of the board of education and the districts from which members are elected; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1403. By Representative Smith of the 19th:
A BILL to amend an Act providing for an elected Board of Education of Dawson County, so as to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1404. By Representative Smith of the 19th:
A BILL to amend an Act creating the Board of Commissioners of Dawson

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County, so as to change the description of the commissioner districts; and for other purposes.

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

HB 1409. By Representatives Buck of the 135th, Hugley of the 133rd, Taylor of the 134th, Smith of the 102nd, Roberts of the 132nd and others:
A BILL to amend an Act creating the Muscogee County School District, so as to change the description of the education districts; 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 Amerson
E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd

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

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

Y Mueller Y O'Neal 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
Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor

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 Stanley Y Stanley-Turner Y Stephens E Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

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

TUESDAY, FEBRUARY 19, 2002

Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Manning 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
Sinkfield Y Skipper Y Smith, B

901
Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 153, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 385. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 4 of the O.C.G.A., relating to general provisions related to animals, so as to require persons caring for animals to report certain diseases caused by bioterrorism to the Department of Agriculture and the Department of Human Resources; to amend Chapter 12 of Title 31 of the O.C.G.A., relating to control of hazardous conditions, preventable diseases, and metabolic disorders; to amend Chapter 1 of Title 35 of the O.C.G.A., relating to general provisions related to law enforcement officers and agencies; to amend Chapter 3 of Title 38 of the O.C.G.A., relating to emergency management; to amend Chapter 13 of Title 50 of the O.C.G.A., the "Georgia Administrative Procedure Act;" to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 403. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District,

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approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 404. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reconstitute the board of commissioners; to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for the election and terms of office of subsequent chairpersons and members; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 409. By Senators Stokes of the 43rd, Tate of the 38th, Thomas of the 10th, Blitch of the 7th, Jackson of the 50th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to authorize the Georgia Building Authority to operate child care and child development centers; to authorize the Georgia Building Authority to enter into contracts for the operation of such centers; to purchase, rent, lease, sell, and otherwise acquire and dispose of personal and real property for the operation of such centers; to authorize the Georgia Building Authority to apply for and obtain all such licenses, permissions, regulatory approvals, and similar matters for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1290. By Representatives O'Neal of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A BILL to amend an Act to reconstitute the Board of Education of Houston County, so as to provide for the filling of vacancies on the Board of Education of Houston County; and for other purposes.

TUESDAY, FEBRUARY 19, 2002

903

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 497. By Senators Thompson of the 33rd and Bowen of the 13th:
A RESOLUTION designating the "Herman Jones Memorial Forensic Science Complex" at the Georgia Bureau of Investigation; 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 385. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 4 of the O.C.G.A., relating to general provisions related to animals, so as to require persons caring for animals to report certain diseases caused by bioterrorism to the Department of Agriculture and the Department of Human Resources; to amend Chapter 12 of Title 31 of the O.C.G.A., relating to control of hazardous conditions, preventable diseases, and metabolic disorders; to amend Chapter 1 of Title 35 of the O.C.G.A., relating to general provisions related to law enforcement officers and agencies; to amend Chapter 3 of Title 38 of the O.C.G.A., relating to emergency management; to amend Chapter 13 of Title 50 of the O.C.G.A., the "Georgia Administrative Procedure Act;" to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture and Consumer Affairs.
SB 403. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for

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approval under the federal Voting Rights Act of 1965, as amended; 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 404. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reconstitute the board of commissioners; to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for the election and terms of office of subsequent chairpersons and members; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; 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 409. By Senators Stokes of the 43rd, Tate of the 38th, Thomas of the 10th, Blitch of the 7th, Jackson of the 50th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to authorize the Georgia Building Authority to operate child care and child development centers; to authorize the Georgia Building Authority to enter into contracts for the operation of such centers; to purchase, rent, lease, sell, and otherwise acquire and dispose of personal and real property for the operation of such centers; to authorize the Georgia Building Authority to apply for and obtain all such licenses, permissions, regulatory approvals, and similar matters for the operation of such centers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

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905

SR 497. By Senators Thompson of the 33rd and Bowen of the 13th:
A RESOLUTION designating the "Herman Jones Memorial Forensic Science Complex" at the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on Public Safety.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Higher Education:
HB 1342. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Jamieson of the 22nd, Ashe of the 46th and others:
A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook; and for other purposes.
The Speaker Pro Tem assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1176. By Representatives Parrish of the 144th, Bordeaux of the 151st and Stallings of the 100th:
A BILL to amend Article 16 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees, so as to include in the definition of "foreign corporation" any bank whose deposits are insured by the Federal Deposit Insurance Corporation, any corporation organized or existing under the laws of any state which borders upon this state, and any national banking association whose deposits are insured by the Federal Deposit Insurance Corporation; and for other purposes.

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The following Committee substitute was read:
A BILL
To amend Article 16 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees, so as to include in the definition of "foreign corporation" any financial institution whose deposits are federally insured, any corporation organized or existing under the laws of any state which borders upon this state, and any national banking association whose deposits are federally insured; 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 16 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to foreign trustees, is amended by striking Code Section 53-12-390, relating to the definition of "foreign corporation" and inserting in its place the following:
"53-12-390. As used in this part, the term 'foreign corporation' means:
(1) Any bank or other corporation financial institution whose deposits are federally insured which is organized or existing under the laws of any state of the United States or any subsidiary of such financial institution; (2) Any other corporation organized or existing under the laws of any state of the United States which borders upon this state, namely, Florida, Alabama, Tennessee, North Carolina, or South Carolina; and (2)(3) Any national banking association federally chartered financial institution whose deposits are federally insured having its principal place of business in any state of the United States or any subsidiary of such financial institution which borders upon this state, namely, Florida, Alabama, Tennessee, North Carolina, or South Carolina."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Parrish of the 144th and Hudgens of the 24th move to amend the Committee substitute to HB 1176 by striking line 15 of page 1 and inserting in its place the following:

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907

"insured which is organized or existing under the laws of any state of the United States, other than Georgia,".
By striking line 22 of page 1 and inserting in its place the following:
"United States, other than Georgia, or any subsidiary of such financial institution which borders upon this state,".

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 E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Cash Y Channell Y Childers Y Coan

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

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B E 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 Y Manning Y Massey Y McBee Y McCall
McClinton Y McKinney

Mueller Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens E Stokes 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 Y Willard Y Williams, J

908
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 Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1238. By Representatives Hammontree of the 4th, Bordeaux of the 151st and Davis of the 60th:
A BILL to amend Code Section 24-7-9 of the Official Code of Georgia Annotated, relating to identification of medical bills, as to change the list of health care professionals from whom bills submitted into evidence were received; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the list of health care professionals from whom narrative reports can be received and from whom bills submitted into evidence were received; to repeal conflicting laws; and for other purposes.
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 in Code Section 24-3-18, relating to admissibility of medical reports, the qualifications of person signing reports, and the right of adverse party to cross-examine person signing reports, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Upon the trial of any civil case involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed medical doctor physician, dentist, orthodontist, podiatrist, optometrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice nurse, social worker, professional counselor, or marriage and family therapist shall be

TUESDAY, FEBRUARY 19, 2002

909

admissible and received in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests or examinations, including the basis therefor, by the person signing the report, the same as if that person were present at trial and testifying as a witness; provided, however, that such report and notice of intention to introduce such report must first be provided to the adverse party at least 60 days prior to trial. A statement of the qualifications of the person signing the report may be included as part of the basis for providing the information contained therein, and the opinion of the person signing the report with regard to the etiology of the injury or disease may be included as part of the diagnosis. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within 15 days of being provided with the report. Further, any adverse party shall have the right to cross-examine the person signing the report and provide rebuttal testimony. The party tendering the report may also introduce testimony of the person signing the report for the purpose of supplementing the report or otherwise."
SECTION 2. Said title is further amended in Code Section 24-7-9, relating to identification of medical bills, by striking said Code section and by substituting in lieu thereof the following:
"24-7-9. (a) Upon the trial of any civil case involving injury or disease, the patient or the member of his or her family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial and that the bills were received from:
(1) A hospital; (2) An ambulance service; (3) A pharmacy, drugstore, or supplier of therapeutic or orthopedic devices; or (4) A licensed practicing physician, chiropractor, dentist, orthotist, podiatrist, or psychologist physician, dentist, orthodontist, podiatrist, optometrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice nurse, social worker, professional counselor, or marriage and family therapist. (b) Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary. However, nothing in this Code section shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs
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
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 E Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes
Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B E 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens E Stokes 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 Y Willard
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House was read and referred to the Committee on Rules:

TUESDAY, FEBRUARY 19, 2002

911

HR 1147. By Representative Roberts of the 162nd:
A RESOLUTION recognizing the Dougherty County School System High School/High Tech Program and inviting the students and teachers to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1096. By Representatives Parham of the 122nd and Porter of the 143rd:
A BILL to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities for parks, historic areas, memorials, and recreation, so as to provide for the Oconee River Greenway Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N 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 E Epps Y Everett E Floyd N Forster N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene

Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B E Jackson, L
James Jamieson 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 Mueller N O'Neal 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 Reichert N Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers

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 Stanley Y Stanley-Turner Y Stephens E Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest
Twiggs Y Unterman
Walker, L

912
N Burmeister Y Byrd N Callaway Y Campbell
Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

E Hammontree Hanner
Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Maddox Mangham
Y Manning N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

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 Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 132, nays 17. The Bill, having received the requisite constitutional majority, was passed.

Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1003. By Representatives Childers of the 13th, Orrock of the 56th, Henson of the 65th, Drenner of the 66th, Reece of the 11th and others:
A BILL to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for the establishment of a telecommunications equipment distribution program; to authorize the use of surcharge funds for the administration and operation of the program; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for the establishment of a telecommunications equipment distribution program; to authorize the use of surcharge funds for the administration and operation of the program; to authorize the Public Service Commission to select a distribution agency to manage the program, establish guidelines for recipients of the program, and establish an advisory committee to review and evaluate

TUESDAY, FEBRUARY 19, 2002

913

the program; to set a date to begin operation of the program; 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 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by striking Code Section 46-5-30, relating to the establishment, administration, and operation of a state-wide dual party relay service, and inserting in its place the following:
"46-5-30. (a) The General Assembly finds and declares that it is in the public interest to provide basic telecommunication services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. (b) The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service operating seven days per week, 24 hours per day, and contract for the administration and operation of such relay service. The commission shall also establish, implement, administer, and promote a telecommunications equipment distribution program and contract for the administration and operation of such program. (c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscribers premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20 per month. A maximum of $0.05 of this monthly surcharge per access line shall be utilized for a telecommunications equipment distribution program. If the projected cost of the operation of the relay service exceeds a monthly surcharge of $0.15 at any time, funding for the telecommunications equipment distribution program will be reduced by the amount required to fully fund the relay service, under the existing cap of $0.20 for the period of time necessary. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay service. The local exchange companies shall collect the surcharge from their customers and transfer the monies collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service and the telecommunications equipment distribution program and shall not be

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used for the distribution of telecommunication devices for the deaf or similar such devices or be imposed, collected, or expended for any other purpose. (d) The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following:
(1) The relay center shall not maintain any form of permanent copies of messages relayed by their operators or allow the content of telephone messages to be communicated to, or accessible to, nonstaff members; (2) Persons using the relay services shall not be required to provide any personal identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call; (3) Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call; (4) Relay operators shall not intentionally alter a relayed conversation; and (5) Relay operators shall not refuse calls or limit the length of calls. (e) Neither the commission nor the provider of the dual party relay system service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the provider of the dual party relay system service shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service. (f) The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically advanced telecommunication system, and all other factors listed in the commissions request for proposals. (g) The commission shall select a distribution agency to manage the telecommunications equipment distribution program and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in obtaining appropriate and effective telecommunications equipment, the training of recipients on the use of telecommunication devices, outreach efforts, and all other factors listed in the commissions request for proposals. (h) The commission shall establish guidelines for eligibility for participation in the distribution program, taking into consideration a persons certified medical need and income. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for any such contracts will be covered by the $0.05 portion of the monthly surcharge utilized for the telecommunications equipment distribution program. (i) The commission shall establish a telecommunications equipment distribution program advisory committee to provide input on program operation and the types of

TUESDAY, FEBRUARY 19, 2002

915

equipment to be, and being, distributed by the program. The commission shall select the equipment to be distributed by the program and shall incorporate this selection into the commissions request for proposals for a distribution agency. (j) The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991, and that the telecommunications equipment distribution program shall be operational no later than March 31, 2003."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Childers of the 13th moves to amend the House committee substitute to HB 1003 by striking line 21 of page 3 and inserting in lieu thereof the following:
"prohibiting distribution of telecommunications equipment to any person whose income exceeds 200 percent of the federal poverty level. The commission shall utilize appropriate external expertise, as necessary, 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 E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Epps Y Everett E Floyd

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B E Jackson, L Y James Y Jamieson
Jenkins Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens E Stokes Y Taylor

916
Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene E Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reed 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 Y Skipper Y Smith, B

Y 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 Y Willard
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1237. By Representatives Rogers of the 20th, McCall of the 90th and Powell of the 23rd:
A BILL to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change the definition of the term "soil classifier"; to repeal a certain definition; to change the provisions relating to who may conduct investigations of the suitability of sites within the state for on-site sewage management systems; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change the definition of the term "soil classifier"; to repeal a certain definition; to change the provisions relating to who may conduct investigations of the suitability of sites within the state for on-site sewage

TUESDAY, FEBRUARY 19, 2002

917

management systems; to require certain standards and qualifications; 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 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(1) Any person may register with the department to conduct soil investigations and prepare soil reports of a site within the state for an on-site sewage management system who meets any one of the following criteria:
(A) Qualifies as a soil classifier as defined in subparagraph (A) of paragraph (3) of this subsection; (B) Holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency; or (C) Holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43 and is practicing within his or her area of geologic competency. (2) Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the department, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health. (3) As used in this subsection, the term: (A) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2. (A)(B) 'Soil classifier' 'soil classifier' means a person who:
(i) Holds holds at least a bachelor of science degree from an accredited college or university with a major in agronomy, soil science, or a related field and has such other qualifications as may be specified by the department by rule. of science. This degree shall include 30 semester credit hours or equivalent quarter credit hours in the biological, physical, chemical, and earth sciences with a minimum of 15 semester credit hours or equivalent quarter hours in soil science courses meeting the following distribution:

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(I) A minimum of one course in soil classification, morphology, genesis, and mapping; and (II) The remaining soil science credits must be in at least three of the following eight categories: introductory soil science; soil fertility; soil microbiology; soil chemistry; soil physics; soil management, soils and land use, or soils and the environment; soil mineralogy; or a three credit maximum in independent study, geology, or hydrology; and (ii) Has at least four years of verifiable, full-time or equivalent part-time experience under the supervision of a soil classifier who has met the education and experience requirements provided in this subparagraph. Such experience must have been spent actively mapping, identifying, and classifying soil features and interpreting the influence of soil features on soil uses including, but not limited to, conducting soil investigations for determining the suitability of sites for on-site sewage management systems as approved by the departments soil classifiers advisory committee; (iii) Has successfully passed a written examination pertaining to site investigations for on-site sewage management systems administered or approved by the department; and (iv) Beginning December 31, 2002, has successfully completed on an annual basis 15 professional development hours of continuing education related to soil science as approved by the department. (2) Any person may qualify as a soil classifier, who holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43, or who holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency may register with the Department of Human Resources to conduct investigations of the suitability of a site within the state for an on-site sewage management system. Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the department or by a soil and water conservation technician, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health. Level four soils evaluations submitted to a county board of health under the provisions of this subsection will be accepted."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY, FEBRUARY 19, 2002

919

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Houston of the 166th moves to amend the Committee substitute to HB 1237 as follows:
On page 2, delete lines 34-36 in their entirety.

Representatives Jamieson of the 22nd and Rogers of the 20th move to amend the Committee substitute to HB 1237 as follows:
Line 9, Page 2 After the word who; "is a Soil and Water conservation technician".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Amerson
E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown

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 E Epps Y Everett E Floyd Y Forster Y Franklin

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B E 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 O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper

920
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Gardner Y Golick Y Grasse Y Graves Y Greene E Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y 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
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1150. By Representatives Ray of the 128th, Royal of the 164th and Hudson of the 156th:
A BILL to amend Article 7 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to pick-your-own farm operations, Chapter 12 of Title 4 of the Official Code of Georgia Annotated, relating to injuries from equine or llama activities, and Article 7 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to limited liability of owners and operators of fishing locations, so as to change the provisions relating to exemptions from liability of pick-your-own farm operations, equine or llama activities, and owners and operators of fishing locations; 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 E Anderson

Y Cox Y Crawford Y Cummings

Y Hudgens Y Hudson, N Y Hudson, S

Y Mueller Y O'Neal Y Orrock

Y Smith, C Y Smith, C.W Y Smith, L

Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Cash Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Connell Y Cooper

TUESDAY, FEBRUARY 19, 2002

Y Davis Y Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson Y Drenner Y Dukes Y Ehrhart E Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene E Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hugley E Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

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 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

921
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Buckner of the 95th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1155. By Representatives Bordeaux of the 151st, Hammontree of the 4th and Allen of the 117th:
A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the State Board of Workers' Compensation shall provide certain data to state and

922

JOURNAL OF THE HOUSE

federal government entities as authorized by law; to change certain provisions relating to certification or licensing of rehabilitation suppliers; to remove the requirement that income benefit checks must be drawn on a Georgia depository; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, so as to provide that the State Board of Workers Compensation shall provide certain data to state and federal government entities as authorized by law; to change certain provisions relating to certification or licensing of rehabilitation suppliers; to remove the requirement that income benefit checks must be drawn on a Georgia depository; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers compensation, is amended by striking in its entirety subsection (b) of Code Section 34-912, relating to employers record of injuries, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The records of the board, insofar as they refer to accidents, injuries, and settlements, shall not be open to the public but only to the parties satisfying the board of their interest in such records and their right to inspect them. The board shall provide data contained on Employers' First Report of Injury forms reporting fatalities to the Georgia Department of Labor and the United States Department of Labor for use in the Census of Fatal Occupational Injuries Program. The board shall provide data to such other state and federal governmental entities or departments as required by law. Under such reasonable rules and regulations as the board may adopt, the records of the board as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claimant, to an employer or its insurance carrier which is called upon to pay compensation, medical expenses, or funeral expenses, and to any party at interest, except that the board may make such reasonable charge as it deems proper for furnishing information by mail and for copies of records."
SECTION 2. Said chapter is further amended by striking subsection (f) of Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof a new subsection (f) to read as follows:

TUESDAY, FEBRUARY 19, 2002

923

"(f) Any rehabilitation supplier shall hold one of the following certifications or licenses: have a certification or license as set forth by board rule
(1) Certified Rehabilitation Counselor (CRC); (2) Certified Disability Management Specialist (CDMS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-18 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may shall establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter."
SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the payment of income benefits, and inserting in lieu thereof the following:
"(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment Payments shall be made by electronic funds transfer upon agreement of the parties, in cash, or by negotiable instrument, or, upon agreement of the parties, by electronic funds transfer drawn on a Georgia depository, except where an application for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or of Code Section 34-9-127."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart E Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene E Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B E 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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 N Williams, J Y Williams, R Y Wix
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.

HB 1104. By Representatives Walker of the 141st, Bordeaux of the 151st, Dix of the 76th, Squires of the 78th and Skipper of the 137th:

TUESDAY, FEBRUARY 19, 2002

925

A BILL to state a general intent to eliminate the future "sunset" of certain provisions relating to superior court clerks' fees and the Georgia Superior Court Clerks' Authority; to provide that provisions of the Official Code of Georgia Annotated, relating to fees charged by clerks of superior court and remittance to and use of certain such funds by the Georgia Superior Court Clerks' Authority which were in effect and applicable on January 1, 2002, shall remain in effect indefinitely until and unless changed by future Act of the General Assembly; to amend an Act amending Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend an Act amending Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To state a general intent to codify and to extend for a further period of two years the future "sunset" date of certain provisions relating to superior court clerks fees and the Georgia Superior Court Clerks Cooperative Authority; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees currently in effect and fees to take effect in the future; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to provide for the future repeal or sunset of said Code section; to amend Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks Cooperative Authority, so as to provide for the future repeal or sunset of said Code section; to amend an Act amending Title 15 of the Official Code of Georgia Annotated, relating to courts, which Act was approved April 7, 1995 (Ga. L. 1995, p. 260), as amended, so as to repeal provisions of such Act which provided for a future repeal or sunset of certain provisions; to amend an Act amending Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, approved April 16, 1996 (Ga. L. 1996, p. 1502), so as to repeal provisions of such Act which provided for a future change in certain fees of superior court clerks; 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. It is the general intent of this Act to codify and to extend for a further period of two years the future "sunset" of certain provisions relating to superior court clerks fees and the

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Georgia Superior Court Clerks Cooperative Authority.
SECTION 2. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, is amended by striking subsection (f) and inserting new subsections (f) and (f.1) to read as follows:
"(f) Until January 1, 2006, sums Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page.................................................................................................................. $ 9.50 Each page, after the first......................................................................................2.00 (ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page...................................................................................................4.50 Each page, after the first......................................................................................2.00 (B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Article 9 of Title 11, first page..........................................................10.00 Each page, after the first........................................................................................ 2.00 (2) Filing maps or plats, each page.......................................................................... 7.50 (3) For processing an assignment of a security deed, for each deed assigned.........4.50 (f.1) On and after January 1, 2006, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows: (1)(A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, and cancellation of deeds, liens, and writs of fieri facias, first page..............................................................................................................$ 4.50 Each page, after the first........................................................................................ 2.00 (B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page........................................... 10.00 Each page, after the first........................................................................................ 2.00 (2) Filing maps or plats, each page..........................................................................7.50 (3) For processing an assignment of a security deed, for each deed assigned.......4.50"

TUESDAY, FEBRUARY 19, 2002

927

SECTION 3. Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the statewide uniform automated information system for property records, is amended by adding at its end a new subsection (c) to read as follows:
"(c) This Code section shall be repealed in its entirety on January 1, 2006."
SECTION 4. Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks Cooperative Authority, is amended by adding at its end a new subsection (d) to read as follows:
"(d) This Code section shall be repealed in its entirety on January 1, 2006."
SECTION 5. The following provisions of law are repealed:
(1) Section 6 of an Act amending Title 15 of the Official Code of Georgia Annotated, relating to courts, approved April 7, 1995 (Ga. L. 1995, p. 260), as amended, which now repealed section would have provided for a future repeal or sunset of certain provisions relating to fees of superior court clerks and the Georgia Superior Court Clerks Cooperative Authority; and (2) Section 2 of an Act amending Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, approved April 16, 1996 (Ga. L. 1996, p. 1502), as amended, which now repealed section would have provided for a future change in the fees of superior court clerks.
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.

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 E Anderson Y Ashe Y Bannister

Y Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

928
Y Barnard Barnes
Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart E Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene E Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, V Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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

TUESDAY, FEBRUARY 19, 2002

929

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 Jamieson of the 22nd moved that the House adhere to its position in insisting on its substitute to SB 291 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jamieson of the 22nd, Porter of the 143rd and Houston of the 166th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 129. By Representatives Coleman of the 142nd, Hanner of the 159th, Powell of the 23rd, Floyd of the 138th, Greene of the 158th and others:
A BILL to amend Code Section 12-6-2 of the Official Code of Georgia Annotated, relating to the creation of the State Forestry Commission and the composition of such commission, so as to reconstitute such commission and to add additional members; and for other purposes.

The following Senate amendment was read:

Amend HB 129 by striking the word "Three" on line 11 of page 1 and inserting in lieu thereof "Three Four".
By striking the words "and two" on line 13 of page 1 and inserting in lieu thereof "and. Two".
By inserting on line 14 of page 1, after the symbol ".", the following:

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"One additional member shall be a person other than a member of either such identified group."
By striking the number "2001" on line 18 of page 1 and inserting in lieu thereof the number "2002".

Representative Coleman of the 142nd moved that the House agree to the Senate amendment to HB 129.

On the motion, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson E Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 N Coan Y Coleman, B Y Coleman, T
Collins Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner Y Dukes Y Ehrhart E Epps Y Everett E Floyd
Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene E Hammontree Y Hanner Y Harbin E Harrell Y Heard E 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 E Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller N O'Neal 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 Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix
Yates Murphy, Speaker

TUESDAY, FEBRUARY 19, 2002

931

On the motion, the ayes were 148, nays 6. 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.

The Speaker assumed the Chair.

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 1044 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1044. 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 Resolutions of the House were read and adopted:

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HR 1151. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Smith of the 102nd and others:
A RESOLUTION honoring the life and work of Sally M. Lunsford and expressing regret at her passing; and for other purposes.

HR 1152. By Representative Wilkinson of the 43rd:
A RESOLUTION commending the Class AAA state champion Riverwood High School Lady Raiders volleyball team and their coach Leigh Hudson; and for other purposes.

HR 1153. By Representatives Buckner of the 95th, Murphy of the 18th, Jamieson of the 22nd, Seay of the 93rd, Barnes of the 97th and others:
A RESOLUTION commending Sharon Denise Brown; and for other purposes.

HR 1154. By Representatives Johnson of the 35th, Wix of the 33rd, Golick of the 30th, Parsons of the 40th and Manning of the 32nd:
A RESOLUTION commending Joe Bland as Mr. Smyrna; and for other purposes.

HR 1155. By Representatives Johnson of the 35th, Wix of the 33rd, Manning of the 32nd, Golick of the 30th and Parsons of the 40th:
A RESOLUTION commending Patty Bacon as Mrs. Smyrna; and for other purposes.

HR 1156. By Representatives Wilkinson of the 43rd and Willard of the 44th:
A RESOLUTION commending the players and coaches of the Sandy Spring All-Stars Little League Team; and for other purposes.

HR 1157. By Representatives Wix of the 33rd, Morris of the 155th, Cooper of the 31st, Johnson of the 35th and Ehrhart of the 36th:

TUESDAY, FEBRUARY 19, 2002

933

A RESOLUTION commending Mr. Donald Newsom; and for other purposes.
HR 1158. By Representatives Dodson of the 94th, Sinkfield of the 57th, Barnes of the 97th, Manning of the 32nd and Roberts of the 132nd:
A RESOLUTION commending Children's Advocacy Centers in Georgia and recognizing Monday, February 25, 2002, as Children's Advocacy Center Day at the capitol; and for other purposes.
HR 1159. By Representatives Cummings of the 27th, Jamieson of the 22nd, Porter of the 143rd, Reece of the 11th, Taylor of the 134th and others:
A RESOLUTION recognizing GAE Legislative Conference Day; and for other purposes.
HR 1160. By Representative Greene of the 158th:
A RESOLUTION commending Honorable David Wetherby, M.D.; and for other purposes.
HR 1161. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Smith of the 102nd and others:
A RESOLUTION expressing regret at the passing of Ret. MSG Robert Gailes; and for other purposes.
HR 1162. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Smith of the 102nd and others:
A RESOLUTION expressing regret at the passing of Amos P. Sherald III; and for other purposes.
HR 1163. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Stanley of the 50th and others:

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A RESOLUTION honoring the life of I. Owen Funderburg and expresssing rergret at his passing; and for other purposes.

HR 1164. By Representatives Wilkinson of the 43rd and Willard of the 44th:
A RESOLUTION commending North Springs High School Music Department; and for other purposes.

HR 1165. By Representatives O'Neal of the 139th, Walker of the 141st and Ray of the 128th:
A RESOLUTION commending Dustin Chad Alligood; and for other purposes.

HR 1166. By Representatives O'Neal of the 139th, Walker of the 141st and Ray of the 128th:
A RESOLUTION commending Valda Catherine Hilliard; and for other purposes.

HR 1167. By Representatives Channell of the 111th, Walker of the 141st, Hudson of the 156th, Broome of the 160th, Sims of the 167th and others:
A RESOLUTION congratulating Dr. Ed Rowan; and for other purposes.

HR 1168. By Representatives O'Neal of the 139th, Walker of the 141st and Ray of the 128th:
A RESOLUTION commending Ronald David Vogel; and for other purposes.

HR 1169. By Representatives O'Neal of the 139th and Ray of the 128th:
A RESOLUTION commending William Kinlock Gottwals; and for other purposes.

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935

HR 1170. By Representatives O'Neal of the 139th, Walker of the 141st and Ray of the 128th:
A RESOLUTION commending David H. Shepard; and for other purposes.

HR 1171. By Representatives O'Neal of the 139th and Ray of the 128th:
A RESOLUTION commending Joshua Alan Rackley; and for other purposes.

HR 1172. By Representatives O'Neal of the 139th, Ray of the 128th and Walker of the 141st:
A RESOLUTION commending Gavin Scott Painter; and for other purposes.

HR 1173. By Representatives O'Neal of the 139th and Ray of the 128th: A RESOLUTION commending Carmen Horton; and for other purposes.

HR 1174. By Representatives O'Neal of the 139th, Walker of the 141st and Ray of the 128th:
A RESOLUTION commending Mary Gentry; and for other purposes.

HR 1175. By Representatives O'Neal of the 139th, Walker of the 141st and Ray of the 128th:
A RESOLUTION commending Bonita Stocker; and for other purposes.

HR 1176. By Representatives McClinton of the 68th and Manning of the 32nd:
A RESOLUTION commending Honorable Thomas B. Murphy, Speaker of the House; and for other purposes.

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HR 1177. By Representatives Watson of the 70th and Ragas of the 64th: A RESOLUTION commending Dennis Scott; and for other purposes.

The following communication was received:

House of Representatives State Capitol Building, Room 416
Atlanta, Georgia 30334
February 19, 2002

Mr. Robbie Rivers Clerk, House of Representatives Room 309 - State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
This is official notification of my absence on Thursday, February 14, 2002 due to illness.
Thank you.
Sincerely, /s/ Georganna T. Sinkfield
State Representative 57th District
GTS/mm
cc: Fiscal Office

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 20, 2002

937

Representative Hall, Atlanta, Georgia Wednesday, February 20, 2002

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 Barnes Bell Benfield Birdsong Black Boggs Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Childers

Coan Coleman, B Collins Connell Cooper Cox Cummings Davis Day Deloach, B Deloach, G E Dix Dodson Ehrhart Epps Everett Floyd Forster Franklin Gardner Golick Grasse Greene Hammontree Hanner

Harbin E Harrell E Heckstall
Hembree E Henson
Holland Houston Howard Hudgens Hugley E Irvin Jackson, B E Jackson, L James Jennings Joyce Kaye Keen Knox Lane Lanier Lewis Lord E Massey McBee

Millar Mosley Mueller O'Neal Parham Parsons Pelote Pinholster Poag Porter Purcell Randall Ray Reece Reed Reichert Rice Richardson Roberts, D Roberts, L Rogers Sanders Shaw Sholar

Skipper Smith, C Smith, L Smith, P Smith, T Smith, V Smyre Snow Stallings Stanley Stanley-Turner Stephens Teper Tillman Turnquest Unterman Walker, L Watson Westmoreland Wiles Wilkinson Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Amerson of the 7th, Bordeaux of the 151st, Broome of the 160th, Cash of the 108th, Channell of the 111th, Coleman of the 142nd, Crawford of the 129th, Dean of the 48th, Drenner of the 66th, Graves of the 125th, Hines of the 38th, Holmes of the 53rd, Hudson of the 120th, Hudson of the 156th, Jamieson of the 22nd, Jenkins of the 110th, Jordan of the 96th, Lucas of the 124th, Lunsford of the 109th, Maddox of the 72nd, Mangham of the 75th, McCall of the 90th, McKinney of the 51st, Mills of the 21st, Mobley of the 69th, Morris of the 155th, Powell of the 23rd, Ragas of the 64th, Royal of the 164th, Sailor of the 71st, Scheid of the 17th, Seay of the 93rd, Shanahan of the 10th,

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Sims of the 167th, Sinkfield of the 57th, Smith of the 19th, Smith of the 91st, Snelling of the 99th, Stokes of the 92nd, Taylor of the 134th, Teague of the 58th, Twiggs of the 8th, Walker of the 87th, West of the 101st, Willard of the 44th, and Williams of the 5th.
They wish to be recorded as present.

Prayer was offered by Dr. H. Dean Haun, Pastor, First Baptist Church, Jonesboro, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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939

HB 1484. By Representative Boggs of the 168th:
A BILL to amend an Act creating a board of commissioners for Ware County, so as to reapportion the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1485. By Representative Massey of the 86th:
A BILL to provide for a homestead exemption from certain Barrow 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 such homestead; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1486. By Representatives Bunn of the 74th, Smith of the 102nd, Yates of the 106th, Callaway of the 81st, Hines of the 38th and others:
A BILL to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia State Indemnification Fund, so as to provide for a lump sum payment to the surviving spouse, minor child or children, or surviving spouse and minor child or children of a law enforcement officer killed in the line of duty; to provide for health and dental insurance coverage for the surviving spouse, minor child or children, or surviving spouse and minor child or children of a law enforcement officer killed in the line of duty; and for other purposes.

Referred to the Committee on Appropriations.

HB 1487. By Representatives Manning of the 32nd, Parsons of the 40th, Johnson of the 35th, Ehrhart of the 36th, Wix of the 33rd and others:
A BILL to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to revise

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and change the population and census application of certain provisions regarding exofficio members; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1488. By Representatives Snelling of the 99th and Hembree of the 98th:
A BILL to amend an Act creating the board of commissioners of Douglas County, so as to change the description of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1489. By Representatives Ehrhart of the 36th, Wix of the 33rd, Wiles of the 34th and Manning of the 32nd:
A BILL to amend certain laws and provisions of the Official Code of Georgia Annotated, and certain codified and uncodified laws based upon classification by population so as to revise and change the population and census application; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1490. By Representatives Lunsford of the 109th, Westmoreland of the 104th, Walker of the 141st, Ehrhart of the 36th and Jenkins of the 110th:
A BILL to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, so as to provide for additional state compensation for the coroners of certain counties for each state inmate whose sentence of death is carried out in any such county; and for other purposes.

Referred to the Committee on State Institutions & Property.

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941

HB 1491. By Representatives Benfield of the 67th and Drenner of the 66th:
A BILL to provide for mile-based premiums for certain motor vehicle insurance; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to change certain provisions relating to requirements for issuance of motor vehicle liability insurance policies; and for other purposes.

Referred to the Committee on Insurance.

HB 1492. By Representatives Parham of the 122nd, Murphy of the 18th, Birdsong of the 123rd, Parrish of the 144th, Porter of the 143rd and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to change certain provisions relating to coverage for equipment and self-management training for individuals with diabetes and enforcement; and for other purposes.

Referred to the Committee on Insurance.

HB 1493. By Representatives Yates of the 106th and Jamieson of the 22nd:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require the promulgation of rules and regulations to regulate in the public interest contracts and purchases involving the aggregate sum of $5,000.00 or more on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require bidding, award to the lowest bidder, and monitoring of compliance with the contract or bid; and for other purposes.

Referred to the Committee on Education.

HB 1494. By Representatives Ray of the 128th, Royal of the 164th, Purcell of the 147th, Hudson of the 156th, James of the 140th and others:

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A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any such commission's employees and retiring employees and their spouses and dependents; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1495. By Representatives Lane of the 146th and Lanier of the 145th:
A BILL to amend an act providing for the reconstitution of the Board of Education of Bulloch County, so as to reconstitute the Board of Education of Bulloch County; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1496. By Representatives Mosley of the 171st, Smith of the 169th, Coleman of the 142nd, Parham of the 122nd, Birdsong of the 123rd and others:
A BILL to amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to rules for the accrual of leave, holidays, and compensation for closing of state offices; utilization of accumulated sick leave; conversion to and use of personal leave; disapproval of sick leave; and procedure for contesting disapproval, so as to provide that, under certain conditions, a state employee may transfer unused sick leave to another state employee; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1497. By Representative Day of the 153rd:
A BILL to provide for a homestead exemption from all City of Tybee Island ad valorem taxes for municipal purposes in the amount of $80,000.00 of the

WEDNESDAY, FEBRUARY 20, 2002

943

assessed value of the homestead after a two-year phase-in period for certain residents of that city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1498. By Representatives Sims of the 167th, Porter of the 143rd, James of the 140th, Shanahan of the 10th, Jamieson of the 22nd and others:
A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for the regulation of certain agricultural production contracts; to provide a short title; to provide for definitions; to provide for applicability; to provide for the effect and terms of such contracts; to require and provide for certain requirements and disclosure statements; to provide for notices; to provide for the rights of parties to such contracts; and for other purposes.

Referred to the Committee on Judiciary.

HB 1499. By Representatives Keen of the 174th and Tillman of the 173rd:
A BILL to provide for a nonbinding referendum for residents of the Glynn County School District regarding reconstituting the Glynn County Board of Education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1500. By Representative Hembree of the 98th:
A BILL to amend Code Section 16-5-93 of the Official Code of Georgia Annotated, relating to the right of a victim of stalking or aggravated stalking to notification of release or escape of the stalker, so as to provide that the victim shall be entitled to notice of any dispositive or trial hearing and any sentencing hearing; and for other purposes.

Referred to the Committee on Special Judiciary.

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HB 1501. By Representatives Lanier of the 145th, Powell of the 23rd, Forster of the 3rd and Stephens of the 150th: A BILL to amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for veterans, so as to provide for special and distinctive motorcycle license plates for veterans; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1502. By Representatives Snelling of the 99th and Snow of the 2nd: A BILL to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Motor Vehicle Safety, so as to regulate certain use of motor vehicles or other equipment by certified law enforcement officers employed by the department; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1503. By Representative Birdsong of the 123rd: A BILL to amend an Act creating a Board of Commissioners of Wilkinson County, so as to reapportion the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1504. By Representative Birdsong of the 123rd: A BILL to amend an Act creating a Board of Education of Wilkinson County, so as to change the description of the districts from which members of such board are elected; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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945

HB 1505. By Representative Murphy of the 18th:
A BILL to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to claims against and disposition of county fine and forfeiture funds, so as to provide for the use of a certain portion of the surplus from the fine and forfeiture fund for purposes of legal defense of indigents; and for other purposes.
Referred to the Committee on Appropriations.
HB 1506. By Representatives Rice of the 79th, Crawford of the 129th 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 appearances by certain prosecutors on behalf of the department of motor vehicle safety in certain administrative proceedings relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change the scope of such proceedings; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1507. By Representative Jenkins of the 110th:
A BILL to amend an Act reconstituting the Board of Education of Jasper County, so as to change provisions relating to education districts for the board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1508. By Representative Jenkins of the 110th:
A BILL to amend an Act creating the board of commissioners of Jasper County, so as to reapportion the commissioner districts; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 1509. By Representative Jenkins of the 110th:
A BILL to provide a homestead exemption from certain Monroe County School District ad valorem taxes for educational purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that School District and a homestead exemption from Monroe 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 $20,000.00 and who are 65 years of age or over; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1510. By Representative Jenkins of the 110th:
A BILL to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1511. By Representative Jenkins of the 110th:
A BILL to amend Code Section 15-10-60 of the Official Code of Georgia Annotated, relating to the applicability of the article on violation of ordinances of county and state authorities and imposition of suspended sentences, so as to provide for increased jail punishment; and for other purposes.
Referred to the Committee on Special Judiciary.

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947

HR 1148. By Representative Stallings of the 100th:
A RESOLUTION creating the House Study Committee on the Georgia Social Security Supplement Program; and for other purposes.

Referred to the Committee on Rules.

HR 1149. By Representatives Benfield of the 67th, Henson of the 65th, Childers of the 13th, Jackson of the 148th, Porter of the 143rd and others:
A RESOLUTION urging that the Georgia Medicaid program should provide dental services for adult pregnant women; and for other purposes.

Referred to the Committee on Appropriations.

HR 1150. By Representatives Bunn of the 74th, Smith of the 102nd, Yates of the 106th, Callaway of the 81st, Hines of the 38th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an additional penalty to be imposed in any case in which any court in this state shall impose a fine for any offense against a criminal law or traffic law of this state or political subdivision thereof to be allocated to the Georgia State Indemnification Fund for the specific purpose of providing a lump sum payment to assist with immediate living and funeral expenses and health and dental insurance coverage to the surviving spouse, minor child or children, or surviving spouse and minor child or children of law enforcement officers who are killed in the line of duty; and for other purposes.

Referred to the Committee on Appropriations.

HR 1178. By Representatives Powell of the 23rd, Murphy of the 18th and Westmoreland of the 104th:
A RESOLUTION creating a Joint House and Senate Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors; and for other purposes.

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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 1448 HB 1449 HB 1450 HB 1451 HB 1452 HB 1453 HB 1454 HB 1455 HB 1456 HB 1457 HB 1458 HB 1459 HB 1460 HB 1461 HB 1462 HB 1463 HB 1464 HB 1465 HB 1466 HB 1467 HB 1468 HB 1469 HB 1470

HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1476 HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 HB 1482 HB 1483 HR 1142 HR 1143 HR 1144 HR 1145 HR 1146 SB 385 SB 403 SB 404 SB 409 SR 497

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:

HB 1460. By Representative Byrd of the 170th:
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

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949

certain persons and vehicles, so as to provide for a special license plate honoring the Thanks Mom and Dad Fund; and for other purposes.

The motion prevailed.

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 719 Do Pass, by Substitute HB 1297 Do Pass HR 1110 Do Pass

Respectfully submitted, /s/ Ray of the 128th
Chairman

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1203 Do Pass, by Substitute HB 1405 Do Pass

Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

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Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1213 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1314 Do Pass, by Substitute HB 1324 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman
Representative Snow of the 2nd District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of

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951

the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 358 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 2nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - 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 1300 Do Pass HB 1336 Do Pass HB 1356 Do Pass, by Substitute HB 1410 Do Pass HB 1411 Do Pass HB 1414 Do Pass

HB 1415 Do Pass HB 1425 Do Pass HB 1426 Do Pass HB 1429 Do Pass HB 1430 Do Pass HB 1442 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1391 Do Pass HR 1073 Do Pass

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Respectfully submitted, /s/ Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 20, 2002

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 805

Blue Star Memorial Highway; designate

DEBATE CALENDAR

HB 69 HB 488 HB 1175 HB 1178 HB 1288 HR 364

Clinical perfusionists; licensing Teachers Retirement; creditable service; certain private schools Alcovy Judicial Circuit; add judge Used motor vehicle dealers; redefine; exclude certain organizations Ad valorem tax; exempt certain commercial dockside facilities Ad valorem tax; certain dockside facilities; separate class of property - CA

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

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HB 1356. By Representative Barnard of the 154th:
A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to provide for new districts for members of the board; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing for election of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4760) and an Act approved February 28, 1992 (Ga. L. 1992, p. 4833) and automatically repealed in April, 1992, so as to provide for new districts for members of the board; to implement the consent order entered in Windgate, et al. v. Tattnall County, Georgia v. Williams, et al., Civil Action CV600-070, ___ Fed. Supp. ___ (S. D. Ga.) 2000; to provide for a special election in July, 2002, to elect members of the board in accordance with new districts adopted in this Act; to provide for terms of office of the chairperson and members of the board; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for election of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4760) and an Act approved February 28, 1992 (Ga. L. 1992, p. 4833) and automatically repealed in April, 1992, is amended by striking subsection (c) of Section 1 and inserting in lieu thereof the following:
"(c)(1) The term of office of the chairperson of the board elected in the November general election in 2000, who took office on January 1, 2001, shall end December 31, 2004. A successor shall be elected in the state-wide general election in 2004 and shall take office on January 1, 2005. (2) The provisions of paragraphs (3) and (4) of this subsection are intended to implement the consent order entered in Windgate, et al. v. Tattnall County, Georgia v. Williams, et al., Civil Action CV600-070, ___ Fed. Supp. ___ (S. D. Ga.) 2000. (3) A special election shall be held at the time of and in conjunction with the general primary election in July, 2002, to elect the five members of the board of education

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from the districts described in Section 2 and enacted at the same time as this section. The term of office of the members of the board of education elected in the November general election in 2001, who took office on January 1, 2002, shall end when their successors are elected in the special election provided for in this paragraph and qualified. (4) The terms of office of the members of the board of education elected in July, 2002, in accordance with paragraph (2) of this subsection shall end December 31, 2004. Their successors shall be nominated and elected in the state-wide general election in 2004 and shall take office on January 1, 2005. (5) Thereafter, successors to the chairperson and members of the board of education whose terms are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. The chairperson and members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (6) The chairperson and all members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139."
SECTION 2. Said Act is further amended by striking Section 2 and inserting in lieu thereof the following:
"SECTION 2. (a) For the purpose of electing the five members of the board other than the chairperson of the board, Tattnall County is divided into the following districts:
District 1 Beginning at the point where U.S. 280 intersects the Tattnall - Evans County line; west along U.S. 280 to the Reidsville City Limit; northwest along the Reidsville City Limit, then southwest along the Reidsville City Limit to S.R. 23/57; north along S.R. 23/57 to C.R. 172; west along C.R. 172 to C.R. 173; southwest along C.R. 173 to C.R. 164; northwest along C.R. 164 to C.R. 444; southwest along C.R. 444, then south along C.R. 444, then west along C.R. 444 to U.S. 280; west northwest along U.S. 280 to the Ohoopee River; north west along the Ohoopee River to the point where the Ohoopee River intersects the Tattnall - Toombs County line; and northwest, east and southeast along the Tattnall County Line to the point of beginning. District 2 Beginning at the point where U.S. 280 intersects the Tattnall - Evans County line; west along U.S. 280 to the Reidsville City Limit; northwest along the Reidsville City Limit, then southwest along the Reidsville City Limit to S.R. 23/57; north along S.R. 23/57 to C.R. 172; west along C.R. 172 to C.R. 173; southwest along C.R. 173 to C.R. 164; northwest along C.R. 164 to C.R. 444; southwest along C.R. 444, then south

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along C.R. 444, then west along C.R. 444 to U.S. 280; west northwest along U.S. 280 to the Ohoopee River; northwest along the Ohoopee River to the point where the Ohoopee River intersects the Tattnall - Toombs County line; southeast along the Tattnall County Line to Rocky Creek; east along Rocky Creek to Buck Branch; south along Buck Branch to C.R. 180; southeast along the Georgia State Prison boundary, then east along the Georgia State Prison boundary, then north along the Georgia State Prison boundary, then east along the Georgia State Prison boundary to the Ohoopee River; southeast along the Ohoopee River to S.R. 147; northeast along S.R. 147 3/4 mile to private road; southeast along private road to C.R. 196; northeast along C.R. 196 to C.R. 259; east along C.R. 259 to Thomas Creek; south and south west along Thomas Creek to the Ohoopee River; easterly along the north bank of the Ohoopee River to Put Drive; northeasterly along Put Drive to C.R. 266; northeast along C.R. 266 to C.R. 264; southeast, east and south along C.R. 264 to C.R. 267; east along C.R. 267 to S.R. 121; north along S.R. 121 to S.R. 23/57; north on C.R. 236 to C.R. 235; northwest on C.R. 235 to C.R. 476; east on C.R. 476 to where C.R. 476 intersects the Tattnall - Evans County line; and north along the Tattnall County Line to the point of beginning. District 3 Beginning at the point where U.S. 301 intersects the Tattnall - Evans County line; south on U.S. 301 to C.R. 382; west on C.R. 382 to C.R. 425; southwest on C.R. 425 to C.R. 385; southeast on C.R. 385 to Mill Creek; east on Mill Creek to U.S. 301; south on U.S. 301 to C.R. 337; east and southeast on C.R. 337 to C.R. 340; northeast on C.R. 340 to S.R. 196; southeast on S.R. 196 to where S.R. 196 intersects the Tattnall - Long County line; and northeast then west along the Tattnall County Line to the point of beginning. District 4 Beginning at the point where C.R. 476 intersects the Tattnall - Evans County line; west along C.R. 476 to C.R. 235; southeast on C.R. 235 to C.R. 236 south along C.R. 236 to S.R. 23/57; south and then southeast on S.R. 121 to S.R. 144; east on S.R. 144 to C.R. 417; north along C.R. 417 to the Glennville City Limit at C.R. 418; east then south then southeast along the Glennville City Limit to U.S. 301; north on U.S. 301 to Mill Creek; west on Mill Creek to C.R. 385; northwest on C.R. 385 to C.R. 425; northeast on C.R. 425 to C.R. 382; east on C.R. 382 to U.S. 301; north on U.S. 301 to where U.S. 301 intersects the Tattnall - Evans County line; and northwest along the Tattnall County Line to the point of beginning. District 5 Beginning at the point where Rocky Creek intersects the Tattnall - Toombs County line; east along Rocky Creek to Buck Branch; south along Buck Branch to C.R. 180; southeast along the Georgia State Prison boundary, then east along the Georgia State Prison boundary, then north along the Georgia State Prison boundary, then east along the Georgia State Prison boundary to the Ohoopee River; southeast along the Ohoopee River to S.R. 147; northeast along S.R. 147 3/4 mile to private road; southeast along private road to C.R. 196; northeast along C.R. 196 to C.R. 259; east

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along C.R. 259 to Thomas Creek; south and south west along Thomas Creek to the Ohoopee River; easterly along the north bank of the Ohoopee River to Put Drive; northeasterly along Put Drive to C.R. 266; northeast along C.R. 266 to C.R. 264; southeast, east and south along C.R. 264 to C.R. 267; east along C.R. 267 to S.R. 121; south and then southeast on S.R. 121 to S.R. 144; east on S.R. 144 to C.R. 417; north along C.R. 417 to the Glennville City Limit at C.R. 418; east then south then southeast along the Glennville City Limit to U.S. 301; south on U.S. 301 to C.R. 337; east and southeast on C.R. 337 to C.R. 340; northeast on C.R. 340 to S.R. 196; southeast on S.R. 196 to where S.R. 196 intersects the Tattnall - Long County line; and southwest then northwest then north along the Tattnall County Line to the point of beginning. (b) Any part of Tattnall County which is not included in any such district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Tattnall County which is described in subsection (a) of this section as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 3. It shall be the duty of the attorney of the Board of Education of Tattnall County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 20, 2002

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell
Heard E Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning E Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

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Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires
Stallings Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Wiles Y Wilkinson Y Willard Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1300. By Representatives Collins of the 29th, Golick of the 30th, Wiles of the 34th, Manning of the 32nd, Ehrhart of the 36th 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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1336. By Representatives Richardson of the 26th and Murphy of the 18th: A BILL to amend an Act to provide for the election of the members of the Paulding County Board of Education, so as to revise the districts for the election 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.
HB 1410. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A BILL to amend an Act creating a Board of Commissioners of Jones County, so as to reapportion the commissioner district; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1411. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A BILL to amend an Act creating a Board of Education of Jones County, so as to change the description of the districts from which members of such board are elected; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1414. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:

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959

A BILL to amend an Act creating the Board of Commissioners of Liberty County, so as to change the description of the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1415. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A BILL to amend an Act creating the Board of Education of Liberty County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1425. By Representatives Bridges of the 9th and Twiggs of the 8th:
A BILL to provide for a homestead exemption from certain White County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1426. By Representative Hudson of the 156th:
A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Ben Hill County; to specify the vehicle registration period for Ben Hill County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1429. By Representative Twiggs of the 8th:
A BILL to provide for an advisory referendum election to be held in Rabun County for the purpose of determining the form of county government desired by the people of Rabun County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1430. By Representative Twiggs of the 8th:
A BILL to provide for an advisory referendum election to be held in Towns County for the purpose of determining the form of county government desired by the people of Towns County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1442. By Representative Skipper of the 137th:
A BILL to amend an Act providing for a new charter for the City of Americus, so as to change the description of the council districts; 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 Bannister

Y Cox Y Crawford Y Cummings Y Davis Y Day

Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T

Y Barnard Y Barnes
Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 20, 2002

Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell
Heard E Heckstall Y Hembree E Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning E Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

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Y Smith, V Smyre
Y Snelling Y Snow Y Squires
Stallings Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Wiles Y Wilkinson Y Willard Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 144, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 323. By Senators Williams of the 6th, Lee of the 29th, Seabaugh of the 28th, Cable of the 27th, Cagle of the 49th and others:

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A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization relative to revenue and taxation, so as to change certain provisions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services; to repeal conflicting laws; and for other purposes.
SB 348. By Senator Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to enforcement of traffic-control device obedience requirements by means of traffic-control signal monitoring devices, so as to redefine a term; to repeal conflicting laws; and for other purposes.
SB 391. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Sapelo Island Heritage Authority Act," so as to change the membership of such authority; to provide for the appointment of certain members; to provide for reimbursement of expenses; to provide for a quorum; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 400. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 608. By Senator Scott of the 36th:
A RESOLUTION creating the Atlanta Board of Education Charter Review Commission; and for other purposes.

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963

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 323. By Senators Williams of the 6th, Lee of the 29th, Seabaugh of the 28th, Cable of the 27th, Cagle of the 49th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization relative to revenue and taxation, so as to change certain provisions relating to payments of certain moneys received by the commissioner or Department of Revenue to the Office of Treasury and Fiscal Services; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
SB 348. By Senator Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 40-6-20 of the Official Code of Georgia Annotated, relating to enforcement of traffic-control device obedience requirements by means of traffic-control signal monitoring devices, so as to redefine a term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 391. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Sapelo Island Heritage Authority Act," so as to change the membership of such authority; to provide for the appointment of certain members; to provide for reimbursement of expenses; to provide for a quorum; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.

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SB 400. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 608. By Senator Scott of the 36th:
A RESOLUTION creating the Atlanta Board of Education Charter Review Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 364. By Representatives Keen of the 174th, Mueller of the 152nd, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that dockside facilities whose primary use is the landing and processing of seafood may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes; to authorize the General Assembly to provide by general law for the ad valorem taxation of such dockside facilities including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and to do so without need for uniformity of taxation with other

WEDNESDAY, FEBRUARY 20, 2002

965

classes of property or between or within its subclasses; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that commercial dockside facilities may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such dockside facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as follows:
"(b)(1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such properties:
(A) Trailers.; (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.; (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state.; and (D) Commercial dockside facilities consisting of real and personal property whose primary use is the landing and processing of seafood."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that commercial dockside facilities consisting of real and personal property whose primary use is the landing and processing of seafood may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such dockside facilities?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders
Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Heard E Heckstall

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee Y McCall

Y Mueller Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L
Rogers Y Royal
Sailor Y Sanders
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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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 Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

WEDNESDAY, FEBRUARY 20, 2002

Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

967
Y Willard Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 160, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Due to a mechanical malfunction, the vote of Representative Shanahan of the 10th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1288. By Representatives Keen of the 174th and Buck of the 135th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the separate classification of certain commercial dockside facilities for purposes of ad valorem taxation; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce

Y Mueller Y O'Neal 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 Stanley Y Stanley-Turner Y Stephens

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Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd 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 Gardner Y Golick Y Grasse Y Graves Y Greene 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 Kaye Y Keen Y Knox Y Lane Y Lanier
Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Ray Y Reece Y Reed 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 Y Sims
Sinkfield Y Skipper Y Smith, B

Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 69.

By Representatives Graves of the 125th, Lanier of the 145th, Brown of the 130th, West of the 101st, Childers of the 13th and others:
A BILL to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to provide for the licensing of clinical perfusionists; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physicians assistants, and respiratory care, so as to provide for the licensing of clinical perfusionists; to provide for a short title and definitions; to provide for powers and responsibilities of the Composite State Board of Medical Examiners; to provide for licensing standards and requirements; to provide for licenses and their duration, renewal,

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display, filing, and surrender; to provide for notices; to provide for licensing of provisional licensed clinical perfusionists and standards and requirements relating thereto; to provide for waiver of certain requirements; to prohibit certain conduct and representations and provide for penalties therefor; to provide for exemptions; to provide for sanctions; to provide for an advisory committee; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physicians assistants, and respiratory care, is amended by adding at the end a new article to read as follows:
"ARTICLE 7
43-34-170. This article shall be known and may be cited as the 'Clinical Perfusionist Licensure Act.'
43-34-171. As used in this article, the term:
(1) 'Advisory committee' means the committee appointed pursuant to Code Section 43-34-180. (2) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21. (3) 'Extracorporeal circulation' means the diversion of a patients blood through a heart-lung machine or a similar device that assumes the function of the patients heart, lungs, kidneys, liver, or other organ. (4) 'License' means a license to practice as a licensed clinical perfusionist or provisional licensed clinical perfusionist. (5) 'Licensed clinical perfusionist' means a person licensed as such pursuant to this article. (6) 'Perfusion' means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory system or other organ, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under the order and supervision of a physician, including, but not limited to:
(A) The use of extracorporeal circulation; long-term cardiopulmonary support techniques, including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation; and associated therapeutic and diagnostic technologies;

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(B) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion; (C) The use of techniques involving blood management, advanced life support, and other related functions; (D) In the performance of the acts described in subparagraphs (A) through (C) of this paragraph:
(i) The administration of: (I) Pharmacological and therapeutic agents; or (II) Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician; or
(ii) The performance and use of: (I) Coagulation monitoring and analysis; (II) Physiologic monitoring and analysis; (III) Blood gas and chemistry monitoring and analysis; (IV) Hematological monitoring and analysis; (V) Hypothermia and hyperthermia; (VI) Hemoconcentration and hemodilution; and (VII) Hemodialysis; and
(E) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, clinical perfusion protocols, or changes in, or the initiation of, emergency procedures. (7) 'Perfusion protocols' means perfusion related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists, and other health care professionals. (8) 'Physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Provisional licensed clinical perfusionist' means a person provisionally licensed pursuant to this article.
43-34-172. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed clinical perfusionists and provisional licensed clinical perfusionists under this article and conduct hearings in connection with these actions;

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(4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements.
43-34-173. (a) Except as otherwise provided in subsection (b) of this Code section, each applicant for a license to practice as a licensed clinical perfusionist shall meet the following requirements:
(1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Have successfully completed a perfusion education program approved by the board, which program has educational standards at least as stringent as programs approved by the Committee on Allied Health Education and Accreditation (CAHEA) prior to 1994 or the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor; (5) Pass a competency examination prepared or approved by the board and administered to qualified applicants at least once each calendar year, which examination may be or may include the complete examination given by the American Board of Cardiovascular Perfusion (ABCP) or its successor; and (6) Have met such other requirements as may be prescribed by the board. (b) Notwithstanding the provisions of subsection (a) of this Code section, a person may apply to the board before January 1, 2003, and be granted a license as a licensed clinical perfusionist upon satisfactory proof that the person was operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility as the persons primary function for at least six of those eight years immediately preceding the date of application.
43-34-174. (a) A license is not the property of the holder but is the property of the board. A license to practice perfusion is valid for two years. The board may provide that licenses expire on various dates. A person may renew an unexpired license by submitting proof of compliance with the continuing professional education requirements prescribed by the board and paying the required renewal fee to the board before the expiration date of the license. (b) The license holder must:
(1) Display the license in an appropriate and public manner; or

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(2) Maintain on file at all times during which the license holder provides services in a health care facility a true and correct copy of the license certificate in the appropriate records of the facility and keep the board informed of any change of address. (c) A license issued by the board is the property of the board and shall be surrendered on demand. (d) Each person licensed under this article shall be responsible for renewing his or her license before the expiration date. (e) If a persons license has been expired for not more than two years, the person may renew the license by submitting proof, satisfactory to the board, of compliance with the continuing professional education requirements prescribed by the board and any penalty fee prescribed by the board. (f) If a persons license has been expired for more than two years, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license. (g) The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state or states, is currently licensed or certified, and has been in practice in another state or states for two years immediately preceding the persons application to renew a license. The person shall pay the required fee as established by the board.
43-34-175. (a) A license as a provisional licensed clinical perfusionist may be issued by the board to a person who submits to the board evidence of having successfully completed an approved perfusion education program required for licensure under Code Section 4334-173 and upon the filing of an application and payment of the application fee. (b) A provisional licensed clinical perfusionist shall be under the supervision and direction of a licensed clinical perfusionist at all times during which the provisional licensed clinical perfusionist performs perfusion. The board may promulgate rules governing such supervision and direction but shall not require the immediate physical presence of the supervising licensed clinical perfusionist. (c) A provisional license shall be valid for one year from the date it is issued and may be renewed no more than one time by the same procedures established for the renewal of licenses pursuant to this article, if the application for renewal is signed by a supervising licensed clinical perfusionist. (d) If a person fails any portion of the licensure examination, such persons provisional license shall be automatically revoked and surrendered to the board.
43-34-176. On receipt of an application and application fee, the board may waive the examination and educational requirements for an applicant who at the time of application:

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(1) Is appropriately licensed or certified in another state, territory, or possession whose requirements for the license or certificate are substantially equal to the requirements of this article; or (2) Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP) or its successor.
43-34-177. (a) A person may not engage or offer to engage in perfusion or use the title or represent or imply that the person has the title of 'licensed clinical perfusionist' or 'provisional licensed clinical perfusionist' or use the letters 'LCP' or 'PLCP' and may not use any facsimile of such titles in any manner to indicate or imply that the person is a licensed clinical perfusionist or provisional licensed clinical perfusionist unless the person holds an appropriate license issued pursuant to this article or is exempted under the provisions of Code Section 43-34-178. (b) A person may not use the title or represent or imply that such person has the title 'certified clinical perfusionist' or use the letters 'CCP' and may not use any facsimile of such title in any manner to indicate or imply that such person is a certified clinical perfusionist by the American Board of Cardiovascular Perfusion (ABCP) unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP). (c) Any person who violates the provisions of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.
43-34-178. (a) The provisions of Code Section 43-34-177 shall not apply to:
(1) A person licensed as a physician pursuant to Article 2 of this chapter; (2) A person licensed under this title as a registered professional nurse or a licensed physicians assistant or certified as a respiratory care professional under this title if:
(A) The person does not represent to the public, directly or indirectly, that the person is licensed pursuant to this article and does not use any name, title, or designation indicating that he or she is licensed pursuant to this article; and (B) The person limits his or her acts or practice to the scope of practice authorized by the appropriate licensing agency; (3) Any person performing autotransfusion who possesses appropriate training and practices within the guidelines of the American Association of Blood Banks under the supervision of a perfusionist licensed under this article or a physician licensed under this chapter. (4) A student enrolled in an accredited perfusion education program if the perfusion services performed are: (A) An integral part of the students course of study; and (B) Performed under the direct supervision of a licensed clinical perfusionist who is assigned to supervise the student and is on duty and immediately available in the assigned patient care area;

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(5) The practice of any legally qualified perfusionist employed by the United States government while in the discharge of his or her official duties; or (6) A person working as a dialysis care technician in an end stage renal disease facility licensed pursuant to Chapter 44 of Title 31 or a licensed hospital. (b) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a felony.
43-34-179. (a) The board, in consultation with the advisory committee, may:
(1) Refuse to grant or renew licensure to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the license holder; (3) Suspend the license of any license holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicants or license holders submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the license holder or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article or under the laws, rules, or regulations under which licensure is sought or held. The applicant shall demonstrate to the satisfaction of the board that he or she meets all the requirements for licensure, and, if the board is not satisfied as to the applicants qualifications, it may deny licensure without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining licensure to practice a licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;

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(4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendre was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of licensure by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the license holder or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the license holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any license holder whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the license holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation related to or in part regulates the practice of a business or profession licensed under this article, when the license holder or applicant knows or should know that such action is in violation of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or licensure reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or

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(10) Displayed an inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-180. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the clinical perfusionists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks
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 E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas

Y Mueller Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman

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, FEBRUARY 20, 2002

Y Greene 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 Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris 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
Skipper Y Smith, B

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Y Walker, L Y Walker, R.L N Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Watson of the 70th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1178. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to used motor vehicle and used motor vehicle parts dealers, so as to exclude certain organizations from the definition of used motor vehicle dealer; 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 Benfield
Birdsong

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins

Y Mueller Y O'Neal 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 Y Squires

978
Y Black Y Boggs 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

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Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene 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 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 Manning E Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1179. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Buck of the 135th, Smyre of the 136th and others:
A RESOLUTION commending Dr. Stephen R. Portch as the Chancellor of the University System of Georgia and inviting him to appear before this body; and for other purposes.

HR 1180. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th, Day of the 153rd, Purcell of the 147th and others:

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A RESOLUTION recognizing and honoring the Parade Committee Chairman Ted Robertson, the Grand Marshall, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives; and for other purposes.

HR 1181. By Representatives Stanley of the 50th, Stanley of the 49th, Dukes of the 161st, Roberts of the 162nd, Tillman of the 173rd and others:
A RESOLUTION commending the Georgia Job Corps Centers and inviting their director and staff to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 488. By Representatives Porter of the 143rd, Parham of the 122nd, Parrish of the 144th, Channell of the 111th, Purcell of the 147th and others:
A BILL to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools; to provide for definitions; to provide requirements and limitations relative to obtaining such creditable service; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. 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, is amended by adding immediately following Code Section 47-3-89 a new Code Section 47-3-89.1 to read as follows:
"47-3-89.1. (a) As used in this Code section, the term:
(1) 'Member' means any member of the retirement system who has completed at least five consecutive years of membership service immediately prior to applying for creditable service pursuant to the provisions of this Code section. (2) 'Private school' means any private elementary or secondary school or any private college or university which:
(A) Is located within the State of Georgia; and (B) Is accredited by the Southern Association of Colleges and Schools or by the Georgia Accrediting Association or by a nationally recognized accrediting agency accepted and approved by the State Board of Education. (b) A member may obtain creditable service under this Code section for a maximum of ten years of service as a teacher in a private school provided that the member has first established five years of membership service credit in the public schools of Georgia or the University System of Georgia. Such service credit shall be allowed on the basis of one year of credit for such service for each additional year of membership service in the public schools of Georgia or the University System of Georgia. A member wishing to obtain such creditable service shall pay to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. (c) The board of trustees shall require such documentation and information as may be necessary to verify service as a teacher in a private school and the compensation received therefor in order to grant creditable service pursuant to the provisions of this Code section."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner N Dukes
Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell
Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 N 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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HB 1175. By Representatives Stokes of the 92nd, Walker of the 87th and Unterman of the 84th:
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 fourth superior court judgeship for the Alcovy Judicial Circuit; 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
Benfield Y Birdsong Y Black Y Boggs 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 Y Connell
Cooper

Y Cox Y Crawford
Cummings 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 Gardner Y Golick Y Grasse Y Graves Y Greene 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 Hudson, S Y Hugley E 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 Y Manning Y Massey
McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

WEDNESDAY, FEBRUARY 20, 2002

983

On the passage of the Bill, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 679. By Senator Hooks of the 14th:
A RESOLUTION relative to adjournment; and for other purposes.
The following Resolution of the Senate was read:
SR 679. By Senator Hooks of the 14th, Starr of the 44th and Walker of the 22nd:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Wednesday, February 20, 2002, and shall reconvene on Monday, February 25, 2002. The hours for closing and convening the Senate and House on such days shall be as ordered by each body.
BE IT FURTHER RESOLVED that for the remainder of the 2002 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

984

JOURNAL OF THE HOUSE

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves
Greene 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 Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal
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 Reichert Y Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid N 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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
Wiles Y Wilkinson Y Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 157, nays 7. The Resolution was adopted.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 20, 2002

985

HR 805. By Representative Lord of the 121st:
A RESOLUTION designating that portion of State Route 15 within the corporate limits of Sandersville as a Blue Star Memorial Highway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard
Barnes Bell Y Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster
Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
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 Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers
Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield 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 Stanley Y Stanley-Turner Y Stephens
Stokes 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 Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Yates Murphy, Speaker

986

JOURNAL OF THE HOUSE

On the adoption of the Resolution, the ayes were 157, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolutions of the House were read and adopted:
HR 1182. By Representative Roberts of the 162nd: A RESOLUTION in memory of Mr. Will Thomas; and for other purposes.
HR 1183. By Representative Roberts of the 162nd: A RESOLUTION honroing the life of Deacon Luke Billingsley; and for other purposes.
HR 1184. By Representative Roberts of the 162nd: A RESOLUTION honoring the life of Deacon James R. Hall, Sr.; and for other purposes.
HR 1185. By Representative Roberts of the 162nd: A RESOLUTION honoring the life of Mr. Thomas Eugene "BoJack" Outlaw; and for other purposes.
HR 1186. By Representative Roberts of the 162nd: A RESOLUTION in remembrance of Mr. William James Burke; and for other purposes.
HR 1187. By Representative Roberts of the 162nd: A RESOLUTION honoring the life of Mr. Robert Dollison, Jr.; and for other purposes.

WEDNESDAY, FEBRUARY 20, 2002

987

HR 1188. By Representative Roberts of the 162nd: A RESOLUTION in memory of Mr. M. C. Williams; and for other purposes.
HR 1189. By Representative Roberts of the 162nd: A RESOLUTION in memory of Mr. William Terry; and for other purposes.
HR 1190. By Representative Roberts of the 162nd: A RESOLUTION in memory of Deacon Charlie Rufus Richey, Jr.; and for other purposes.
HR 1191. By Representative Roberts of the 162nd: A RESOLUTION in remembrance of Mr. Jasper Eugene Slaughter; and for other purposes.
HR 1192. By Representative Roberts of the 162nd: A RESOLUTION in remembrance of Mr. James Lawrence Ausby, Sr.; and for other purposes.
HR 1193. By Representative Roberts of the 162nd: A RESOLUTION honoring the life of Mr. J. W. Austin, Sr.; and for other purposes.
HR 1194. By Representative Roberts of the 162nd: A RESOLUTION in remembrance of Mr. Charlie Nelson; and for other purposes.

988

JOURNAL OF THE HOUSE

HR 1195. By Representative Roberts of the 162nd: A RESOLUTION in memory of Mr. R. Q. Stewart; and for other purposes.

HR 1196. By Representative Roberts of the 162nd:
A RESOLUTION in memory of Mr. Leon Billingsley; and for other purposes.

HR 1197. By Representative Roberts of the 162nd:
A RESOLUTION honoring the life of Mr. Wesley Parker; and for other purposes.

HR 1198. By Representative Roberts of the 162nd:
A RESOLUTION in memory of Deacon Tommie Lee Grier; and for other purposes.

HR 1199. By Representative Roberts of the 162nd:
A RESOLUTION in memory of Deacon Zebedee (Zeb) Poke; and for other purposes.

HR 1200. By Representatives Stallings of the 100th, West of the 101st, Murphy of the 18th, Cummings of the 27th and Smith of the 103rd:
A RESOLUTION commending Mr. Gary M. Bullock and wishing him happiness in retirement; and for other purposes.

HR 1201. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and Coleman of the 142nd:
A RESOLUTION commending Mr. W. Randall "Randy" Clayton; and for other purposes.

WEDNESDAY, FEBRUARY 20, 2002

989

HR 1202. By Representatives Stallings of the 100th, West of the 101st, Murphy of the 18th, Cummings of the 27th and Smith of the 103rd:
A RESOLUTION recognizing and commending Ray A. Adams; and for other purposes.

HR 1203. By Representatives Walker of the 141st, Buck of the 135th, Parham of the 122nd, Murphy of the 18th, Hudson of the 120th and others:
A RESOLUTION recognizing and commending E. Culver "Rusty" Kidd; and for other purposes.

HR 1204. By Representatives Ray of the 128th and James of the 140th:
A RESOLUTION commending the Georgia Peach Festival; and for other purposes.

HR 1205. By Representatives Benfield of the 67th, Watson of the 70th, Mangham of the 75th, Teper of the 61st, Mobley of the 69th and others:
A RESOLUTION commending the DeKalb County Public School System classroom teachers who were awarded national certification by the National Board of Professional Teaching Standards; and for other purposes.

HR 1206. By Representatives Lunsford of the 109th, Watson of the 70th, Cash of the 108th, Sanders of the 107th, Yates of the 106th and others:
A RESOLUTION commending Reverend E. W. Lee; and for other purposes.

HR 1207. By Representatives McCall of the 90th, Powell of the 23rd, Williams of the 83rd and Keen of the 174th:
A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and observing the fifth annual Emergency Medical Services (EMS) Recognition Day; and for other purposes.

990

JOURNAL OF THE HOUSE

HR 1208. By Representatives Ashe of the 46th, Jamieson of the 22nd, Porter of the 143rd and Smith of the 91st:
A RESOLUTION commending Robin Ferst Howser, the Madison Book Lady; and for other purposes.

HR 1209. By Representatives Lunsford of the 109th, Watson of the 70th, Cash of the 108th, Sanders of the 107th, Yates of the 106th and others:
A RESOLUTION expressing regret at the passing of Mr. Charles John "Jake" Lindsey; and for other purposes.

HR 1210. By Representative Parham of the 122nd:
A RESOLUTION commending former Milledgeville Police Chief Eugene Ellis; and for other purposes.

HR 1211. By Representatives Lunsford of the 109th, Watson of the 70th, Cash of the 108th, Sanders of the 107th, Yates of the 106th and others:
A RESOLUTION congratulating Snapper, Inc.; and for other purposes.

HR 1212. By Representatives Bordeaux of the 151st, Smith of the 175th, Pelote of the 149th, DeLoach of the 172nd and Mueller of the 152nd:
A RESOLUTION honoring Eleanor Torrey West; and for other purposes.

HR 1213. By Representatives O'Neal of the 139th, Ray of the 128th and Walker of the 141st:
A RESOLUTION expressing deep regret on the loss of Phillip H. Smith; and for other purposes.

HR 1214. By Representatives Parsons of the 40th, Golick of the 30th, Wix of the 33rd, Ehrhart of the 36th, Wiles of the 34th and others:

WEDNESDAY, FEBRUARY 20, 2002

991

A RESOLUTION congratulating Kandice Pelletier, Miss Cobb County 2002; and for other purposes.

Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1163 Do Pass, by Substitute HB 1352 Do Pass, as Amended

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 991 Do Pass, by Substitute HB 1116 Do Pass, by Substitute HB 1224 Do Pass, by Substitute HB 1253 Do Pass

HB 1320 Do Pass, by Substitute SB 220 Do Pass SB 346 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
Chairman

992

JOURNAL OF THE HOUSE

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1377 Do Pass HB 1406 Do Pass, by Substitute HR 1069 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Snow of the 2nd District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1481 Do Pass, as Amended

Respectfully submitted, /s/ Snow of the 2nd
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of

WEDNESDAY, FEBRUARY 20, 2002

993

the House and has instructed me to report the same back to the House with the following recommendation:
HR 1147 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 824 Do Pass, by Substitute HB 1062 Do Pass, by Substitute

HB 1079 Do Pass, by Substitute HB 1257 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 1075 Do Pass HR 1144 Do Pass

SR 574 Do Pass SR 575 Do Pass, by Substitute

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JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1154 Do Pass, by Substitute HB 1289 Do Pass HB 1393 Do Pass

HB 1422 Do Pass HB 1445 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1382 Do Pass, by Substitute SB 386 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

WEDNESDAY, FEBRUARY 20, 2002

995

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1180 Do Pass HB 1418 Do Pass HB 1434 Do Pass

HB 1439 Do Pass HB 1443 Do Pass HB 1446 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1216. By Representative James of the 140th:
A RESOLUTION commending the Georgia Agri-Leaders Forum Foundation, Inc.; recognizing Georgia Agri-Leaders Forum Appreciation Day on February 26, 2002; and inviting certain Representatives; and for other purposes.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1147. By Representative Roberts of the 162nd:
A RESOLUTION recognizing the Dougherty County School System High School/High Tech Program and inviting the students and teachers to appear before the House of Representatives; and for other purposes.

996

JOURNAL OF THE HOUSE

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:30 o'clock, P.M., Monday, February 25, 2002.

MONDAY, FEBRUARY 25, 2002

997

Representative Hall, Atlanta, Georgia Monday, February 25, 2002

The House met pursuant to adjournment at 1:30 o'clock, P.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Anderson Ashe Bannister Barnard Barnes Bell Benfield Birdsong Boggs Borders Bridges Brooks Broome Brown Buck Buckner Bulloch Burkhalter Burmeister Byrd Callaway Campbell Childers Coan Coleman, B Coleman, T

E Collins Connell Cooper Crawford Cummings Davis Day Deloach, B Deloach, G Dodson
E Ehrhart Epps Everett Floyd Forster Franklin Gardner Golick Grasse Greene Hammontree Hanner Harbin
E Harrell Heard
E Heckstall Hembree

Hines Holland Houston Howard Hudgens Hudson, N Hugley E Irvin Jackson, B E Jackson, L Jennings Johnson Jordan Joyce Keen Knox Lane Lanier Lewis Lord Lucas Mangham Manning Massey McBee Millar Mills

Mobley Mosley O'Neal Parham Parrish Parsons Pelote Pinholster Porter Purcell Ray Reece Reichert Roberts, D Royal Sanders Scheid Seay Shanahan Shaw Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, L

Smith, P Smith, T Smith, V Snelling Snow Stallings Stanley-Turner Stephens Taylor Tillman Turnquest Unterman Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Allen of the 117th, Black of the 178th, Bunn of the 74th, Cash of the 108th, Channell of the 111th, Cox of the 105th, Dean of the 48th, Drenner of the 66th, Graves of the 125th, Henson of the 65th, Holmes of the 53rd, Hudson of the 120th, James of the 140th, Jamieson of the 22nd, Kaye of the 37th, Lunsford of the 109th, Maddox of the 72nd, McCall of the 90th, McKinney of the 51st, Morris of the 155th, Mueller of the 152nd, Orrock of the 56th, Poag of the 6th, Powell of the 23rd, Ragas of the 64th,

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JOURNAL OF THE HOUSE

Randall of the 127th, Reed of the 52nd, Rice of the 79th, Richardson of the 26th, Roberts of the 162nd, Rogers of the 20th, Scott of the 165th, Smith of the 19th, Smyre of the 136th, Squires of the 78th, Stanley of the 49th, Stokes of the 92nd, Teper of the 61st, Walker of the 141st, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by Dr. Oscar T. Cope, Pastor, First Baptist Church, Fairburn, 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:

MONDAY, FEBRUARY 25, 2002

999

HB 1512. By Representatives Reed of the 52nd, Stanley of the 50th, Stanley of the 49th, Brooks of the 54th and Ashe of the 46th:
A BILL to create County Building Authorities in certain counties; to provide a short title for this Act; to provide for the creation of County Building Authorities as instrumentalities of the state, and to provide for powers and composition; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1513. By Representatives Bridges of the 9th, Everett of the 163rd, O'Neal of the 139th, Dodson of the 94th, Sinkfield of the 57th and others:
A BILL to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to enact the "Baby's Right to Know Act;" to require an unmarried mother to identify the name of a baby's father; to provide for county health departments to locate putative fathers; to provide for amended birth certificates; and for other purposes.

Referred to the Committee on Judiciary.

HB 1514. By Representatives Holland of the 157th, Royal of the 164th, Teper of the 61st and Jenkins of the 110th:
A BILL to amend Code Section 45-4-11 of the Official Code of Georgia Annotated, relating to blanket bonds covering two or more political subdivisions, so as to provide for applicability, form, and procedures relative to blanket bonds; and for other purposes.

Referred to the Committee on Judiciary.

HB 1515. By Representatives Ray of the 128th, Royal of the 164th and Hudson of the 156th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied

1000

JOURNAL OF THE HOUSE
petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

2/20/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1515. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Ray District 128

Referred to the Committee on Ways & Means.

HB 1516. By Representative Birdsong of the 123rd:
A BILL to amend an act providing an annual salary for the judge of the Probate Court of Twiggs County, so as to change the salary of such office; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1517. By Representative Lord of the 121st:
A BILL to amend an Act creating the board of commissioners of Washington County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1518. By Representative Lord of the 121st: A BILL to amend an Act to reconstitute the Board of Education of

MONDAY, FEBRUARY 25, 2002

1001

Washington County, so as to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1519. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1520. By Representative Houston of the 166th:
A BILL to amend an Act creating the Board of Education of Berrien County, so as to change the description of the districts from which members of such board are elected; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1521. By Representatives Royal of the 164th and Buck of the 135th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to chapters of the Georgia State Society of the Daughters of the American Revolution; and for other purposes.

Mr. Clerk:

2/20/2002

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JOURNAL OF THE HOUSE

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1521. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 164

Referred to the Committee on Ways & Means.

HB 1522. By Representatives Harbin of the 113th, Howard of the 118th, Allen of the 117th and Connell of the 115th:
A BILL to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that graduates of certain unaccredited private schools shall be eligible for HOPE scholarships; and for other purposes.

Referred to the Committee on Higher Education.

HB 1523. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Buck of the 135th, Smyre of the 136th and others:
A BILL to amend Article 2 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the State Public Transportation Fund, so as to change certain provisions relating to priority of expenditures from the fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to exemptions from sales and use taxes as to motor fuels; and for other purposes.

Referred to the Committee on Appropriations.

HB 1524. By Representative Anderson of the 116th:
A BILL to amend an Act providing for districts for the election of the Board of Education of Burke County, so as to change provisions relating to education districts for the board; and for other purposes.

MONDAY, FEBRUARY 25, 2002

1003

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1525. By Representative Royal of the 164th:
A BILL to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, and Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to change procedures and enactment requirements regarding local bills; to change certain limitations with respect to effective dates of local bills; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1526. By Representatives Smith of the 169th and Shaw of the 176th:
A BILL to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.
HB 1527. By Representative Lane of the 146th:
A BILL to amend an Act for the election and creation of a board of commissioners for Screven County, so as to provide for the election of members of the board of commissioners of Screven County; to revise the districts for the election of members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

1004

JOURNAL OF THE HOUSE

HB 1528. By Representatives Bunn of the 74th, Smith of the 102nd, Callaway of the 81st, Sanders of the 107th, Hines of the 38th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for exemptions with respect to the sale of certain children's clothing and certain infant care articles or items; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1529. By Representatives Wilkinson of the 43rd, Irvin of the 45th, Johnson of the 35th, Bridges of the 9th, Cooper of the 31st and others:
A BILL to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to applications of minors for drivers' licenses and distinctive licenses for persons under age 21, so as to provide for revocation of minors' permits and drivers' licenses upon withdrawal of parental consent for permitting or licensing; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1530. By Representative Teper of the 61st:
A BILL to amend Chapters 1 and 5 of Title 42 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to penal institutions and to state and county correctional institutions, so as to authorize use of inmates as voluntary labor for privately owned profitmaking employers producing goods and services for sale to public and private purchasers; to provide for legislative findings; appropriate conditions and limitations, and rules and regulations; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1531. By Representatives Smith of the 169th and Shaw of the 176th:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and

MONDAY, FEBRUARY 25, 2002

1005

Senate and qualifications of members, so as to provide for the composition and number of state house districts; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

HB 1532. By Representative Smith of the 175th:
A BILL to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain county officers of Camden County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1533. By Representative Manning of the 32nd:
A BILL to amend Chapter 1 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding food, drugs, and cosmetics, so as to provide that the owner or manager of a food service establishment may refuse to serve any person having control or charge of a child under the age of seven years while such person and child are seated in a designated smoking area; and for other purposes.

Referred to the Committee on Industry.

HB 1534. By Representative Channell of the 111th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1535. By Representatives Yates of the 106th and Sanders of the 107th: A BILL to amend an Act entitled "Griffin-Spalding County School System," so as to

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revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1215. By Representative Shanahan of the 10th: A RESOLUTION designating the Veterans Parkway; and for other purposes.

2/20/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1215. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Shanahan District 10

Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 HB 1489 HB 1490 HB 1491 HB 1492 HB 1493 HB 1494 HB 1495

HB 1503 HB 1504 HB 1505 HB 1506 HB 1507 HB 1508 HB 1509 HB 1510 HB 1511 HR 1148 HR 1149 HR 1150

HB 1496 HB 1497 HB 1498 HB 1499 HB 1500 HB 1501 HB 1502

MONDAY, FEBRUARY 25, 2002
HR 1178 SB 323 SB 348 SB 391 SB 400 SR 608

1007

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 931 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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 1115 Do Pass HR 1141 Do Pass HR 1145 Do Pass

HR 1180 Do Pass HR 1181 Do Pass HR 1216 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

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Representative Royal of the 164th District, Chairman of the Committee on State Planning 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 1386 Do Pass, by Substitute HB 1387 Do Pass, by Substitute HB 1453 Do Pass HB 1454 Do Pass HB 1456 Do Pass HB 1459 Do Pass HB 1468 Do Pass HB 1469 Do Pass HB 1470 Do Pass

HB 1471 Do Pass HB 1472 Do Pass HB 1473 Do Pass HB 1474 Do Pass HB 1475 Do Pass HB 1476 Do Pass HB 1478 Do Pass HB 1480 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 25, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

HB 387 HB 1109 HB 1110

Employees' Retirement; disability benefits; earnings maximum Motor Vehicle Safety, Department of; board and commissioner; per diem Transportation; vehicles subject to weighing, measuring, inspecting;

MONDAY, FEBRUARY 25, 2002

1009

HB 1261 HB 1346
HR 1042

refusal to stop License plates; display; change certain provisions Retirement system records; certain exemption; pooling of funds provisions Marriage and families; public policy that strengthens; express support

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 1468. By Representative Amerson of the 7th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Lumpkin County, so as to provide for the nomination and election of members of the board of education in nonpartisan primaries and elections; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

Representative Smith of the 19th would like to be recorded as voting "nay" on HB 1468.

HB 1471. By Representative Amerson of the 7th:
A BILL to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lumpkin County; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 32. The Bill, having received the requisite constitutional majority, was passed.
Representative Smith of the 19th would like to be recorded as voting "nay" on HB 1471.
HB 1472. By Representative Amerson of the 7th: A BILL to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Lumpkin 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 97, nays 32. The Bill, having received the requisite constitutional majority, was passed.
Representative Smith of the 19th would like to be recorded as voting "nay" on HB 1472.
HB 1386. By Representative Smith of the 169th: A BILL to amend an act creating the Board of Commissioners of Pierce County, so as to change the description of the commissioner districts; and for other purposes.
The following Committee substitute was read and adopted:

MONDAY, FEBRUARY 25, 2002

1011

A BILL
To amend an Act creating the Board of Commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, is amended by striking subsections (a), (b), and (e) of Section 1 and inserting in lieu thereof the following:
"(a) There is created the Board of Commissioners of Pierce County. The board shall be composed of five members to be elected as provided in this section. For purposes of electing members of the board of commissioners, Pierce County is divided into four commissioner districts. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: piercep2r Plan Type: Local User: Gina Administrator: Pierce Co. (b) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Pierce County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Pierce County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia." "(e) Commissioner Districts 1, 2, 3, and 4, as they exist immediately prior to June 1, 2002, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after June 1, 2002, such

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members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. Those members of the Board of Commissioners of Pierce County who are serving as such on June 1, 2002, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors."
SECTION 2. It shall be the duty of the attorney of the Board of Commissioners of Pierce County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Pierce County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective June 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 001 Pierce County
Tract: 9603 BG: 1 1014 1025 1026 1027 1028 1051 1052 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1098 1997 BG: 2 2006 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 BG: 3 3002 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 BG: 4

District 002 Pierce County

MONDAY, FEBRUARY 25, 2002
Tract: 9603 BG: 1 1000 1001 1030 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1998 1999 BG: 3 3000 3001 3003 Tract: 9604 BG: 2 2004 2005 2006 2007 2008 2009 2011 2018 2019 2020 2021 2022 2058 2059 2060 BG: 3 BG: 4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4095 4096 4097 4098 4099
District 003 Pierce County
Tract: 9601 BG: 1 1111 1113 1114 1115 1116 1117 1118 1120 1121 1122 1123 1127 1128 1129 1133 1134 BG: 2 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2115 2116 2117 2999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1999 BG: 2 2000 2001 2002 2003 2010 2012 2013 2014 2015 2016 2017 2023

1013

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2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2061 2062 2063 2064 2065 2066 2067 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4100 4101 4999

District 004 Pierce County
Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1112 1119 1124 1125 1126 1130 1131 1132 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2061 2062 2111 2112 2113 2114 2118 Tract: 9602 Tract: 9603 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1029 1031 1050 1053 1054 1080 1081 1095 1096 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2073 2074 2075 2089 2090 2999 Tract: 9604 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022

MONDAY, FEBRUARY 25, 2002

1015

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T E 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
Drenner Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Gardner Y Golick Y Grasse Y Graves Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E 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 E 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 Manning Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray Y Reece
Reed 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 Y Sims Y Sinkfield Y Skipper Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Squires Stallings Stanley Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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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 Collins of the 29th would like to be recorded as voting "aye" on HB 1386.

HB 1387. By Representative Smith of the 169th:
A BILL to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the description of the education districts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the composition and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the composition and selection of the Board of Education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, is amended by striking Section 1 and inserting in lieu thereof the following:
"SECTION 1. (a) The Board of Education of Pierce County shall be composed of five members to be elected as provided in this section. For purposes of electing members of the board of education, the Pierce County School District is divided into four education districts. The four education districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: piercep2r Plan Type: Local User: Gina Administrator: Pierce Co. (b) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau

MONDAY, FEBRUARY 25, 2002

1017

of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the Pierce County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Pierce County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Education Districts 1, 2, 3, and 4, as they exist immediately prior to June 1, 2002, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after June 1, 2002, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act."
SECTION 2. Those members of the Board of Education of Pierce County who are serving as such on June 1, 2002, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
SECTION 3. It shall be the duty of the attorney of the Board of Education of Pierce County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Pierce County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective June 1, 2002.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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District 001 Pierce County
Tract: 9603 BG: 1 1014 1025 1026 1027 1028 1051 1052 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1097 1098 1997 BG: 2 2006 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 BG: 3 3002 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 BG: 4

District 002 Pierce County
Tract: 9603 BG: 1 1000 1001 1030 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1998 1999 BG: 3 3000 3001 3003 Tract: 9604 BG: 2 2004 2005 2006 2007 2008 2009 2011 2018 2019 2020 2021 2022 2058 2059 2060 BG: 3 BG: 4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4095 4096 4097 4098 4099

District 003 Pierce County

MONDAY, FEBRUARY 25, 2002
Tract: 9601 BG: 1 1111 1113 1114 1115 1116 1117 1118 1120 1121 1122 1123 1127 1128 1129 1133 1134 BG: 2 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2115 2116 2117 2999 Tract: 9604 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1999 BG: 2 2000 2001 2002 2003 2010 2012 2013 2014 2015 2016 2017 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2061 2062 2063 2064 2065 2066 2067 2999 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4100 4101 4999
District 004 Pierce County
Tract: 9601 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1112 1119 1124 1125 1126 1130 1131 1132

1019

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BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2061 2062 2111 2112 2113 2114 2118 Tract: 9602 Tract: 9603 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1029 1031 1050 1053 1054 1080 1081 1095 1096 BG: 2 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2073 2074 2075 2089 2090 2999 Tract: 9604 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1022

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Gardner Y Golick Y Grasse Y Graves Greene

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Squires Stallings Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L

Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

MONDAY, FEBRUARY 25, 2002

Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree
Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Sailor
Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B

1021
Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative 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 Collins of the 29th would like to be recorded as voting "aye" on HB 1387.

HB 1453. By Representative Pinholster of the 15th:
A BILL to create the Canton Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1454. By Representatives Hammontree of the 4th and Williams of the 5th:
A BILL to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, so as to change the description of the education districts; and for other purposes.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1456. By Representative Smith of the 103rd:
A BILL to amend an Act providing for election of members of the Board of Education of Heard County, so as to change the description of the education district; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1459. By Representatives Ehrhart of the 36th, Wiles of the 34th, Manning of the 32nd, Wix of the 33rd, Johnson of the 35th and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1469. By Representative Amerson of the 7th:
A BILL to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $6,000.00 of the assessed value of the homestead for certain residents of that county 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 1470. By Representative Amerson of the 7th:
A BILL to provide a homestead exemption from Lumpkin County School District ad valorem taxes for educational purposes in the amount of

MONDAY, FEBRUARY 25, 2002

1023

$6,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1473. By Representative Birdsong of the 123rd:
A BILL to amend an Act entitled "An Act to create the Joint WilkinsonMcIntyre-Irwinton-Toomsboro Water and Sewer Authority," so as to change the name of such water authority; to change the composition and appointment of members of such authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1474. By Representative Smith of the 102nd:
A BILL to amend an Act reconstituting the Board of Education of Harris County, so as to redistrict the Board of Education of Harris County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1475. By Representative Channell of the 111th:
A BILL to provide a homestead exemption from Greene County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of that county 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.

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JOURNAL OF THE HOUSE

HB 1476. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act creating the State Court of Spalding County, so as to change the terms of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1478. By Representatives Barnes of the 97th, Buckner of the 95th and Dodson of the 94th:
A BILL to provide for a homestead exemption from all City of Jonesboro ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for certain residents of that city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1480. By Representatives Hembree of the 98th and Snelling of the 99th:
A BILL to amend an Act providing for election districts for the board of education of Douglas County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister

Y Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin

Y Mueller Y O'Neal
Orrock Y Parham Y Parrish

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

MONDAY, FEBRUARY 25, 2002

Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Gardner Y Golick Y Grasse Y Graves Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Henson Y Hines Y Holland Holmes Y Houston Y Howard

Y Jackson, B E 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 Manning Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray Y Reece
Reed 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 Y Sims Y Sinkfield Y Skipper Smith, B

1025
Y Smith, V Smyre
Y Snelling Snow Squires Stallings Stanley Stanley-Turner
Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 144, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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 Collins of the 29th would like to be recorded as voting "aye" on the preceeding roll call.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

1026

JOURNAL OF THE HOUSE

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 369. By Senators Williams of the 6th, Gillis of the 20th, Bowen of the 13th, Hill of the 4th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that it shall be lawful to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, apples, or other feeds as a lure for deer on privately owned lands in the area designated as the southern zone for establishing deer season; to repeal conflicting laws; and for other purposes.
SB 378. By Senators Price of the 56th, Stokes of the 43rd, Hill of the 4th, Balfour of the 9th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, so as to require any managed care entity offering a plan to obtain a signed affirmative consent from each enrollee acknowledging that the enrollee has been informed of and accepts specific elements of the plan; to specify that an enrollee shall give affirmative consent to a list of the participating providers, the limitations on choices of providers, and any contracts between the plan and any provider or hospital; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 392. By Senators Butler of the 55th, Stokes of the 43rd and Thomas of the 10th:
A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 which relates to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said chapter shall not apply to the installation, alteration, or repair of manhole rings, covers, and valve boxes due to road construction and repair; to repeal conflicting laws; and for other purposes.
SB 425. By Senators Hill of the 4th, Golden of the 8th, Hamrick of the 30th and Burton of the 5th:
A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic

MONDAY, FEBRUARY 25, 2002

1027

Postsecondary Educational Institutions Act of 1990," so as to revise definitions; to change a provision relating to educational institutions exempt from the Act, to increase the number of members of the Nonpublic Postsecondary Education Commission, and to change the number of members required to call a meeting or to take official action; to provide that the Tuition Guaranty Trust Fund shall be named as a beneficiary of surety bonds filed by nonpublic postsecondary educational institutions; to increase the amount of the surety bond required for certain institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 437. By Senators Thompson of the 33rd, Tanksley of the 32nd, Meyer von Bremen of the 12th and Hecht of the 34th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court administration, so as to provide for salary adjustments for full-time juvenile court judges who are paid with state funds; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1176. By Representatives McClinton of the 68th and Manning of the 32nd:
A RESOLUTION commending Honorable Thomas B. Murphy, Speaker of the House; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 369. By Senators Williams of the 6th, Gillis of the 20th, Bowen of the 13th, Hill of the 4th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that it shall be lawful to place, expose, deposit, distribute, or scatter any corn, wheat, or other grains, apples, or other feeds as a lure for deer on privately owned lands in the area designated as the southern zone for establishing deer season; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Game, Fish & Parks.

SB 378. By Senators Price of the 56th, Stokes of the 43rd, Hill of the 4th, Balfour of the 9th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, so as to require any managed care entity offering a plan to obtain a signed affirmative consent from each enrollee acknowledging that the enrollee has been informed of and accepts specific elements of the plan; to specify that an enrollee shall give affirmative consent to a list of the participating providers, the limitations on choices of providers, and any contracts between the plan and any provider or hospital; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SB 392. By Senators Butler of the 55th, Stokes of the 43rd and Thomas of the 10th:
A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 14 of Title 43 which relates to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that said chapter shall not apply to the installation, alteration, or repair of manhole rings, covers, and valve boxes due to road construction and repair; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

SB 425. By Senators Hill of the 4th, Golden of the 8th, Hamrick of the 30th and Burton of the 5th:
A BILL to be entitled an Act to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to revise definitions; to change a provision relating to educational institutions exempt from the Act, to increase the number of members of the Nonpublic Postsecondary Education Commission, and to change the number of

MONDAY, FEBRUARY 25, 2002

1029

members required to call a meeting or to take official action; to provide that the Tuition Guaranty Trust Fund shall be named as a beneficiary of surety bonds filed by nonpublic postsecondary educational institutions; to increase the amount of the surety bond required for certain institutions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 437. By Senators Thompson of the 33rd, Tanksley of the 32nd, Meyer von Bremen of the 12th and Hecht of the 34th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court administration, so as to provide for salary adjustments for full-time juvenile court judges who are paid with state funds; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

Representative Unterman of the 84th arose to a point of personal privilege and addressed the House.

Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1346. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 47-1-14 of the Official Code of Georgia Annotated, relating to the exemption of retirement system records from public inspection, so as to provide that such Code section shall apply to an association of like political subdivisions the purpose of which is the pooling of funds for retirement or pension purposes; and for other purposes.

1030

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 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
Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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 Rogers of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 25, 2002

1031

HB 387. By Representative Snow of the 2nd:
A BILL to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide change the method of computing the maximum compensation that a member receiving a disability benefit may earn without affecting the benefit; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Employees Retirement System of Georgia, so as to change the method of computing the maximum compensation that a member receiving a disability benefit may earn without affecting the benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Employees Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2125, relating to the reexamination of persons receiving disability benefits, the effect of refusal to undergo examination, and the effect of ability to engage in gainful employment, and inserting in lieu thereof the following:
"47-2-125. Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at the disability beneficiarys place of residence or other place mutually agreed upon, by physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by

1032

JOURNAL OF THE HOUSE

the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiarys retirement allowance and the higher of the earnable compensation the disability beneficiary was receiving at the time of retirement or the members highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system, the board of trustees may reduce the disability beneficiarys pension to an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the higher of the earnable compensation the disability beneficiary was receiving at the time of retirement or the members highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system. Should the disability beneficiarys earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiarys annuity and the amount earnable by the disability beneficiary, equals the higher of the earnable compensation the disability beneficiary was receiving at the time of retirement or the members highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister

Y Cox Y Crawford
Cummings Y Davis Y Day

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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

MONDAY, FEBRUARY 25, 2002

Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Jackson, B E 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 E Mangham Y Manning Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y 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 Y Sims Y Sinkfield Y Skipper Y Smith, B

1033
Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Rogers of the 20th 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 1261. By Representatives Bridges of the 9th, Snow of the 2nd, Benfield of the 67th, Everett of the 163rd and Twiggs of the 8th:
A BILL to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to change certain provisions relating to display of license plates; and for other purposes.

1034

JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representative Knox of the 28th moves to amend HB 1261 as follows:
Delete "does not" on line 21 before the word "diminish" and add "is not intended to" before the word "diminish".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins

Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin
Gardner Y Golick
Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B E Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas N Lunsford N Maddox E Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley

Y Mueller N O'Neal
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 Reichert Y Rice N 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
Sims Y Sinkfield

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R Y Wix
Yates

Y Connell Y Cooper

MONDAY, FEBRUARY 25, 2002

Y Houston Y Howard

Y Morris N Mosley

Y Skipper Y Smith, B

1035
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 144, nays 15.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following Resolution of the House was read and adopted:

HR 1217. By Representative Greene of the 158th:
A RESOLUTION commending the founders of the Stewart County Historical Commission; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1109. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-16-3 of the Official Code of Georgia Annotated, relating to the board and commissioner of motor vehicle safety, so as to change certain provisions relating to per diem expense allowances of board members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister

Y Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin

Y Mueller Y O'Neal
Orrock Y Parham Y Parrish

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

1036
Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Jackson, B E 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 E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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

Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 1110. By Representative Parham of the 122nd:
A BILL to amend Code Section 32-6-30 of the Official Code of Georgia Annotated, relating to stopping vehicles for purposes of weighing, measuring or inspecting, reports of violations, and refusal to stop, so as to change certain provisions relating to refusal to stop; and for other purposes.

MONDAY, FEBRUARY 25, 2002

1037

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B E 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 E Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and referred to the Committee on Rules:

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HR 1218. By Representative Ray of the 128th:
A RESOLUTION recognizing the observance of Family/Friend Kindness Day and inviting the seventh and eighth grade gifted students at Fort Valley Middle School to appear before the House of Representatives; and for other purposes.
HR 1219. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A RESOLUTION commending the Carl Vinson Institute of Government and inviting the director, Dr. James G. Ledbetter, to appear before the House of Representatives; and for other purposes.
HR 1220. By Representative Bell of the 25th:
A RESOLUTION recognizing and commending the Commerce High School Competitive Cheerleaders and inviting them to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1115. By Representatives Unterman of the 84th and Walker of the 87th:
A RESOLUTION commending the 2001 Loganville High School girls varsity fastpitch softball team and inviting the team members, their coaches, and the school principal to appear before the House of Representatives; and for other purposes.
HR 1141. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A RESOLUTION commending Hilsman Middle School as the 2002 State Champions of the Academic Bowl for Middle Grades and inviting the team, coaches, and principal to appear before this body; and for other purposes.

MONDAY, FEBRUARY 25, 2002

1039

HR 1180. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th, Day of the 153rd, Purcell of the 147th and others:
A RESOLUTION recognizing and honoring the Parade Committee Chairman Ted Robertson, the Grand Marshall, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives; and for other purposes.
HR 1181. By Representatives Stanley of the 50th, Stanley of the 49th, Dukes of the 161st, Roberts of the 162nd, Tillman of the 173rd and others:
A RESOLUTION commending the Georgia Job Corps Centers and inviting their director and staff to appear before the House of Representatives; and for other purposes.
HR 1216. By Representative James of the 140th:
A RESOLUTION commending the Georgia Agri-Leaders Forum Foundation, Inc.; recognizing Georgia Agri-Leaders Forum Appreciation Day on February 26, 2002; and inviting certain Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 1042. By Representatives Byrd of the 170th, Walker of the 141st, Westmoreland of the 104th and Roberts of the 132nd:
A RESOLUTION expressing support for public policy that strengthens marriage and improves the self-sufficiency of families; and for other purposes.
The following amendment was read:
Representatives Mills of the 21st, Snelling of the 99th and Walker of the 87th move to amend HR 1042 as follows:

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On line 8, page 1, after the word "and" insert "Whereas, many couples enter into marriage without premarital counseling we, hereby, encourage all couples to receive premarital counseling on the nature, purposes, and responsibilities of marriage. A man and woman should understand marriage is for life and if marital difficulties are experienced, then all reasonable efforts to preserve the marriage should be taken, including marital counseling." and renumber accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell N Benfield Y Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges N 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 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 N Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell N Heard E Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes Y Houston Y Howard

Y Hudgens N Hudson, N Y Hudson, S N Hugley Y Irvin Y Jackson, B E 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 N Lucas Y Lunsford N Maddox E Mangham Y Manning Y Massey Y McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

Y Mueller Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell N Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes N Taylor N 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 Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 137, nays 27.

MONDAY, FEBRUARY 25, 2002

1041

The amendment was adopted.

The following amendment was read and adopted:

Representative Day of the 153rd moves to amend HR 1042 as follows:
Line 5: del "as worthy of" insert "at least as worthy of".

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
Ashe Y Bannister Y Barnard Y Barnes Y Bell N Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges N 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
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson N Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard E Heckstall Y Hembree

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B E 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 N Lucas Y Lunsford N Maddox E Mangham Y Manning Y Massey Y McBee Y McCall N McClinton

Y Mueller Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell N Ragas Y Randall Y Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens
Stokes Y Taylor N 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 Y Willard

1042
Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

N Henson Y Hines Y Holland N Holmes Y Houston Y Howard

Y McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, as amended, the ayes were 150, nays 17.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 26, 2002

1043

Representative Hall, Atlanta, Georgia Tuesday, February 26, 2002
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.
Representative Taylor of the 134th was excused today due to illness.
Prayer was offered by the Reverend Dr. Arthur Carson, Jr., Pastor, Springfield Missionary 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.

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JOURNAL OF THE HOUSE

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 1536. By Representatives Royal of the 164th and Houston of the 166th:
A BILL to amend an Act relating to the Board of Education of Colquitt County, so as to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1537. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
A BILL to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, so as to prohibit counties from imposing and collecting any fees or charges for water and sewer services to certain residents of the unincorporated area of a county; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1538. By Representatives Skipper of the 137th and Floyd of the 138th:
A BILL to amend Article 11 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to the Southwest Georgia Railroad Excursion Authority, so as to assign the authority to the Department of Natural Resources for administrative purposes only; to change certain provisions regarding books and records; and for other purposes.

Referred to the Committee on Industry.

TUESDAY, FEBRUARY 26, 2002

1045

HB 1539. By Representative Amerson of the 7th:
A BILL to amend an Act incorporating the City of Morganton, so as to change the number of members of the city council; to change the provisions relating to the election of the mayor and councilmembers; to change the provisions relating to vacancies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1540. By Representatives Jackson of the 112th, Mills of the 21st, Walker of the 87th, Coan of the 82nd, Smith of the 91st 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 a statement of intent; to provide that local boards of education shall have the authority to provide for a display of copies of the first sentence of the second paragraph of the Declaration of Independence, the Ten Commandments, the national motto, and the preamble to the Constitution of the State of Georgia in the public schools; and for other purposes.
Referred to the Committee on Education.
HB 1541. By Representatives Golick of the 30th, Parsons of the 40th, Wix of the 33rd, Manning of the 32nd, Hines of the 38th and others:
A BILL to amend an Act entitled "An Act to create the Cobb CountyMarietta Water Authority," so as to repeal certain provisions relating to certain purchases and sales by the authority and the bonding of contractors; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1542. By Representatives Murphy of the 18th, Cummings of the 27th, West of the 101st, Hembree of the 98th, Snelling of the 99th and others:

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JOURNAL OF THE HOUSE
A BILL to amend an Act known as the "West Georgia Regional Water Authority Act," so as to remove Douglas County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority; to change the provisions relating to quorums; to change the definition of the term "member county"; to change the definition of the term "West Georgia region"; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.
HB 1543. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th: A BILL to amend an Act providing for the Board of Education of Bartow County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1544. By Representatives Unterman of the 84th and Walker of the 87th: A BILL to provide for a homestead exemption from certain Walton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1545. By Representatives Royal of the 164th and Houston of the 166th: A BILL to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 26, 2002

1047

HB 1546. By Representative Smith of the 102nd:
A BILL to create a board of elections and registration for Harris County and provide for its powers and duties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1547. By Representatives Skipper of the 137th, Coleman of the 142nd, Royal of the 164th, Greene of the 158th, Hanner of the 159th and others:
A BILL to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of magistrates, so as to change certain provisions regarding the minimum salary of chief magistrates and other magistrates; and for other purposes.
Referred to the Committee on Appropriations.
HB 1548. By Representatives Lunsford of the 109th, Murphy of the 18th, Cash of the 108th, Westmoreland of the 104th and Yates of the 106th:
A BILL to amend Article 2 of Chapter 3 of Title 36 of the Official Code of Georgia Annotated, relating to proceedings to determine disputed county boundary lines, so as to provide that, subject to certain conditions, the affected counties may by mutual agreement determine where the disputed boundary line should lie; to provide that upon making certain findings the Secretary of State may accept such agreement and determine that it resolves the matter; and for other purposes.
Referred to the Committee on Judiciary.
HB 1549. By Representative Royal of the 164th:
A BILL to amend an Act providing for a Board of Commissioners of Mitchell County, so as to reconstitute the board of commissioners; to change the description of the commission districts; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1550. By Representatives Forster of the 3rd and Snow of the 2nd: A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; to remove certain limitations on the use of such clerical allowance funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1551. By Representative Hudgens of the 24th: A BILL to amend an Act creating the board of commissioners of Madison County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1552. By Representative Hudgens of the 24th: A BILL to provide a homestead exemption from City of Colbert ad valorem taxes for municipal purposes in the amount of $12,000.00 of the assessed value of the homestead for each resident of the City of Colbert, which is in lieu of and not in addition to any other homestead exemption applicable to City of Colbert ad valorem taxes for municipal purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1553. By Representative Hudgens of the 24th: A BILL to amend an Act creating a board of education of Madison County, so as to revise the districts for the election of members of the board of education; and for other purposes.

TUESDAY, FEBRUARY 26, 2002

1049

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1554. By Representative Morris of the 155th:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change the method by which political party primaries are conducted; to provide that all political party primaries shall be combined on one ballot; to provide that voters may choose to vote from among the candidates of one political party per office on the ballot; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1555. By Representatives Floyd of the 138th and James of the 140th:
A BILL to amend an Act establishing the membership of the Board of Education of Dooly County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1556. By Representatives Boggs of the 168th, Skipper of the 137th, Snow of the 2nd, Jenkins of the 110th and Sims of the 167th:
A BILL to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to provide that the sheriff of a county shall require any professional bondsman seeking to operate in such county to initiate a criminal background investigation of such person; to provide for the submission of fingerprints to the Georgia Crime Information Center and the Federal Bureau of Investigation; and for other purposes.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE

HB 1557. By Representatives Porter of the 143rd, McBee of the 88th, Jamieson of the 22nd, Ashe of the 46th, Stallings of the 100th and others:
A BILL to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment in postsecondary courses, academic credit, and the secondary options grant account, so as to delete provisions for calculating the funds to be requested for the secondary options account and payments to eligible institutions from such account; and for other purposes.

Referred to the Committee on Higher Education.

HB 1558. By Representatives Borders of the 177th, Shaw of the 176th, Buck of the 135th and Black of the 178th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for certain local development authority projects which are the subject of an interstate competition to attract new or expanded industrial or business operations; and for other purposes.

2/25/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1558. 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 1559. By Representatives Hammontree of the 4th, Williams of the 5th, Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A BILL to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to homestead exemption applications, so as to change the

TUESDAY, FEBRUARY 26, 2002

1051

provisions relating to population brackets and the census relative to the time for making such applications in certain counties; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1560. By Representatives Crawford of the 129th, Parsons of the 40th, Scheid of the 17th, Bulloch of the 180th, Barnard of the 154th and others:
A BILL to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to eliminate provisions relating to the annual continuation budget report; to provide for the periodic application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; and for other purposes.

Referred to the Committee on Appropriations.

HB 1561. By Representatives Ray of the 128th, Floyd of the 138th and Purcell of the 147th:
A BILL to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to change the provisions relating to the applicability of said article to persons who are licensed and bonded in accordance with Article 1 of Chapter 4 of Title 10, the "Georgia State Warehouse Act"; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 1562. By Representatives Johnson of the 35th, Wix of the 33rd, Powell of the 23rd, Morris of the 155th and Hanner of the 159th:
A BILL to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change the definition of an abandoned motor vehicle to reduce the period of time a motor vehicle is left from five to three days; to reduce the period of time from five to three days when peace officers may have vehicles removed from public property; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Motor Vehicles.
HB 1563. By Representatives Snelling of the 99th, Barnes of the 97th and Mills of the 21st:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for development of a curriculum to help students distinguish the data and testable theories of science from philosophical claims; and for other purposes.
Referred to the Committee on Education.
HB 1564. By Representatives Johnson of the 35th, Parsons of the 40th, Wix of the 33rd, Manning of the 32nd and Buck of the 135th:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal taxation of hotel and motel and other rooms, lodgings, and accommodations, so as to provide for felony punishment for the failure to pay; and for other purposes.
Referred to the Committee on Ways & Means.
HB 1565. By Representative Byrd of the 170th:
A BILL to amend Code Section 48-7-29 of the Official Code of Georgia Annotated, relating to income tax credits for rural physicians, so as to change the definition of rural physician and rural hospital for purposes of qualifying for such credit; and for other purposes.
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 26, 2002

1053

HB 1566. By Representative Lane of the 146th:
A BILL to provide for the election of members of the board of education of Screven County; to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1567. By Representative Childers of the 13th:
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 delete an exception to the minimum age for eligibility for enrollment in kindergarten or first grade; and for other purposes.

Referred to the Committee on Education.

HB 1568. By Representatives Smith of the 175th, Hudson of the 156th, Skipper of the 137th, Burkhalter of the 41st, Turnquest of the 73rd and others:
A BILL to enact the "Natural Gas Consumers' Relief Act;" to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to allow 90 days for commission orders after a hearing regarding electric fuel cost recovery or adoption or amendment of natural gas capacity supply plans; to authorize the Public Service Commission to seek an injunction against the violation of any law administered by the commission or any rule, order, or regulation established by the commission; to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to revise extensively and comprehensively; and for other purposes.

Referred to the Committee on Industry.

HB 1569. By Representative Hudson of the 156th:

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JOURNAL OF THE HOUSE

A BILL to amend an Act creating a Board of Commissioners of Ben Hill County, so as to change the description of commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1570. By Representative Hudson of the 156th:
A BILL to amend an Act providing for the composition of the Board of Education of Ben Hill County, so as to change the description of the electoral districts of board members; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1571. By Representative Birdsong of the 123rd:
A BILL to amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to define certain terms; to provide that a notary public shall have personal knowledge or evidence of the identity of the person whose signature he or she notarizes; and for other purposes.

Referred to the Committee on Judiciary.

HB 1572. By Representatives Lanier of the 145th, McCall of the 90th, James of the 140th and Floyd of the 138th:
A BILL to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions of vehicles and loads, so as to change certain provisions relating to duration and limits of and fees for permits; and for other purposes.

Referred to the Committee on Transportation.

HR 1221. By Representatives Jackson of the 112th, Hudson of the 120th, Burmeister of the 114th, Lord of the 121st and Harbin of the 113th:

TUESDAY, FEBRUARY 26, 2002

1055

A RESOLUTION urging the Citizens' Stamp Advisory Committee of the United States Postal Service to adopt a U.S. postage stamp honoring the late United States Senator Thomas E. Watson; and for other purposes.
Referred to the Committee on Rules.
HR 1222. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th: A RESOLUTION designating the "Ellis Arnall Highway"; and for other purposes.
2/25/2002 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1222. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 103
Referred to the Committee on Transportation.
HR 1224. By Representative Childers of the 13th: A RESOLUTION designating National Nutrition Month in Georgia; and for other purposes.
Referred to the Committee on Health & Ecology.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

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JOURNAL OF THE HOUSE

HB 1512 HB 1513 HB 1514 HB 1515 HB 1516 HB 1517 HB 1518 HB 1519 HB 1520 HB 1521 HB 1522 HB 1523 HB 1524 HB 1525 HB 1526

HB 1527 HB 1528 HB 1529 HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1535 HR 1215 SB 369 SB 378 SB 392 SB 425 SB 437

Pursuant to Rule 52, Representative Ray of the 128th moved that the following Bill of the House be engrossed:

HB 1515. By Representatives Ray of the 128th, Royal of the 164th and Hudson of the 156th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:

HB 1521. By Representatives Royal of the 164th and Buck of the 135th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to

TUESDAY, FEBRUARY 26, 2002

1057

provide for an exemption with respect to sales to chapters of the Georgia State Society of the Daughters of the American Revolution; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Shanahan of the 10th moved that the following Resolution of the House be engrossed:

HR 1215. By Representative Shanahan of the 10th: A RESOLUTION designating the Veterans Parkway; and for other purposes.

The motion prevailed.

Representative Parrish of the 144th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1220 Do Pass, by Substitute

Respectfully submitted, /s/ Parrish of the 144th
Chairman

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:

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Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1064 Do Pass, by Substitute HB 1080 Do Pass, by Substitute

HB 1127 Do Pass SB 253 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 394 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 878 Do Pass, by Substitute HB 1407 Do Pass, as Amended

TUESDAY, FEBRUARY 26, 2002

1059

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 1458 Do Pass, by Substitute HB 1484 Do Pass HB 1488 Do Pass HB 1495 Do Pass HB 1497 Do Pass HB 1499 Do Pass

HB 1503 Do Pass HB 1504 Do Pass HB 1507 Do Pass HB 1508 Do Pass HB 1509 Do Pass SB 400 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 26, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

HB 1116 HB 1128

Civil cases; pretrial order; additional witnesses Motor vehicle liability; local governments; waiver of immunity

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JOURNAL OF THE HOUSE

HB 1136 HB 1180 HB 1382 HB 1443 HB 1446 HB 1481 HR 1075

Estates; domiciliary presumed dead; evidence Sales tax exemption; sales to agricultural commodities commissions Railroads, counties, municipalities; grade crossings; amend provisions Sales tax; mobile telecommunications services; provisions Sales tax; telephone services; redefine "gross sales" Final disposition of dead bodies; amend provisions Houston County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1458. 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, so as to increase the clerical help allowance of the clerk of the judge of the probate court; and for other purposes.

The following Committee substitute was read and adopted:

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, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, FEBRUARY 26, 2002

1061

SECTION 1. 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, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"SECTION 3. The maximum allowance to be paid for clerical help shall be:
Clerical help for the judge of the probate court..................................$ 130,000.00
Clerical help for the clerk of the superior court.................................. 200,000.00
All allowances payable under this Act shall be payable directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as a part of the general funds of the county."
SECTION 2. This Act shall become effective on January 1, 2003.
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
Bell Y Benfield Y Birdsong Y Black

Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner

Y Hudgens Y Hudson, N
Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Jenkins Y Jennings

Y Mueller Y O'Neal
Orrock Parham Parrish Y Parsons Y Pelote Y Pinholster Y Poag Porter 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 Y Stallings

1062
Y Boggs 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 Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin
Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

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 E Mangham Y Manning Y Massey Y McBee
McCall 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 Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Rogers Y Royal Y Sailor Y Sanders Y Scheid Scott Y Seay Y Shanahan Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Stanley Y Stanley-Turner Y Stephens
Stokes Taylor 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 Williams, J Y Williams, R Y Wix Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Collins of the 29th, Jenkins of the 110th, Scott of the 165th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1484. By Representative Boggs of the 168th:
A BILL to amend an Act creating a board of commissioners for Ware County, so as to reapportion the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 26, 2002

1063

HB 1488. By Representatives Snelling of the 99th and Hembree of the 98th:
A BILL to amend an Act creating the board of commissioners of Douglas County, so as to change the description of the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1495. By Representatives Lane of the 146th and Lanier of the 145th:
A BILL to amend an act providing for the reconstitution of the Board of Education of Bulloch County, so as to reconstitute the Board of Education of Bulloch County; to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1497. By Representative Day of the 153rd:
A BILL to provide for a homestead exemption from all City of Tybee Island ad valorem taxes for municipal purposes in the amount of $80,000.00 of the assessed value of the homestead after a two-year phase-in period for certain residents of that city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1499. By Representatives Keen of the 174th and Tillman of the 173rd:
A BILL to provide for a nonbinding referendum for residents of the Glynn County School District regarding reconstituting the Glynn County Board of Education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE

HB 1503. By Representative Birdsong of the 123rd: A BILL to amend an Act creating a Board of Commissioners of Wilkinson County, so as to reapportion the commissioner districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1504. By Representative Birdsong of the 123rd: A BILL to amend an Act creating a Board of Education of Wilkinson County, so as to change the description of the districts from which members of such board are elected; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1507. By Representative Jenkins of the 110th: A BILL to amend an Act reconstituting the Board of Education of Jasper County, so as to change provisions relating to education districts for the board; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1508. By Representative Jenkins of the 110th: A BILL to amend an Act creating the board of commissioners of Jasper County, so as to reapportion the commissioner districts; and for other purposes.

TUESDAY, FEBRUARY 26, 2002

1065

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1509. By Representative Jenkins of the 110th:
A BILL to provide a homestead exemption from certain Monroe County School District ad valorem taxes for educational purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that School District and a homestead exemption from Monroe 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 $20,000.00 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.

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
Bell Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Cox Y Crawford Y Cummings 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 Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene

Y Hudgens Y Hudson, N
Hudson, S Y Hugley E 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 Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Y Mueller Y O'Neal
Orrock Parham Parrish Y Parsons Y Pelote Y Pinholster Y Poag Porter Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Rogers

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens
Stokes Taylor Teague Y Teper Y Tillman Y Turnquest Twiggs Y Unterman Y Walker, L

1066
Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hammontree Hanner
Y Harbin Harrell
Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Maddox E Mangham Y Manning Y Massey Y McBee
McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Royal Y Sailor Y Sanders Y Scheid
Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bills, the ayes were 143, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Collins of the 29th, Jenkins of the 110th, Scott of the 165th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 400. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 47.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 26, 2002

1067

Representative Millar of the 59th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 400. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

On the motion, the ayes were 42, nays 67. The motion was lost.

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 380. By Senators Paul of the 40th, Burton of the 5th, Harp of the 16th, Price of the 56th, Crotts of the 17th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to income tax credits for low and zero emission vehicles, so as to provide for additional qualifications with respect to zero emission motor vehicles; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 387. By Senators Cheeks of the 23rd, Starr of the 44th, Johnson of the 1st, Gillis of the 20th, Beatty of the 47th and others:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to condition funding for computers with Internet access in schools on adoption of Internet safety policies; to condition funding for computers with Internet access in public libraries on adoption of Internet safety policies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 388. By Senators Jackson of the 50th, Golden of the 8th, Smith of the 25th, Butler of the 55th, Marable of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 42-2-3 of the Official Code of Georgia Annotated, relating to meetings of the Board of Corrections, so as to adjust the quorum requirement for the Board of Corrections consistent with the increase in the boards size due to the 2000 census; to repeal conflicting laws; and for other purposes.
SB 408. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to allow employees of the Federal-State Shipping Point Inspection Service and the Georgia Firefighters Pension Fund to participate in the states flexible employee benefit plan; to allow payroll deductions for the purchase of benefits by such employees; to repeal conflicting laws; and for other purposes.
SB 422. By Senators Mullis of the 53rd, Dean of the 31st, Marable of the 52nd, Williams of the 6th and Cable of the 27th:
A BILL to be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide for the payment of rent to the landowner when transportable housing is foreclosed upon and is not removed within a certain time by the entity foreclosing on the transportable housing; to provide for the creation of a lien against such transportable housing for such rent; to provide for related matters; to provide for civil penalties, court costs, and attorneys fees; to repeal conflicting laws; and for other purposes.
SB 429. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved February 10, 1993 (Ga.

TUESDAY, FEBRUARY 26, 2002

1069

L. 1993, p. 3699), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 430. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved February 10, 1993 (Ga. L. 1993, p. 3691), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 431. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so as to provide for the election and terms of office of members of such board; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for standing committees of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1149. By Representative Poag of the 6th:
A BILL to amend an Act relating to the Magistrate Court of Murray County, so as to provide for the election of the magistrates of the Magistrate Court of Murray County in a nonpartisan primary and election; and for other purposes.
HB 1193. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act creating the Board of Commissioners of Spalding County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1233. By Representatives Manning of the 32nd, Parsons of the 40th, Wix of the 33rd, Ehrhart of the 36th, Wiles of the 34th and others:

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JOURNAL OF THE HOUSE

A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.
HB 1281. By Representatives Golick of the 30th, Wix of the 33rd, Manning of the 32nd, Parsons of the 40th, Franklin of the 39th 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 1340. By Representatives Cooper of the 31st, Hines of the 38th, Franklin of the 39th, Manning of the 32nd, Kaye of the 37th 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.
HB 1341. By Representatives Cooper of the 31st, Hines of the 38th, Franklin of the 39th, Manning of the 32nd, Kaye of the 37th and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.
HB 1370. By Representatives Manning of the 32nd, Johnson of the 35th, Golick of the 30th, 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 provisions relating to the compensation of assistant solicitors; and for other purposes.
HB 1371. By Representatives Johnson of the 35th, Parsons of the 40th, Wix of the 33rd, Golick of the 30th, Manning of the 32nd 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.

TUESDAY, FEBRUARY 26, 2002

1071

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 600. By Senator Haines of the 46th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal court; to provide for the submission of this amendment for ratification or rejection; 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 380. By Senators Paul of the 40th, Burton of the 5th, Harp of the 16th, Price of the 56th, Crotts of the 17th and others:
A BILL to be entitled an Act to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to income tax credits for low and zero emission vehicles, so as to provide for additional qualifications with respect to zero emission motor vehicles; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 387. By Senators Cheeks of the 23rd, Starr of the 44th, Johnson of the 1st, Gillis of the 20th, Beatty of the 47th and others:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to condition funding for computers with Internet access in schools on adoption of Internet safety policies; to condition funding for computers with Internet access in public libraries on adoption of Internet safety policies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

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JOURNAL OF THE HOUSE

SB 388. By Senators Jackson of the 50th, Golden of the 8th, Smith of the 25th, Butler of the 55th, Marable of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 42-2-3 of the Official Code of Georgia Annotated, relating to meetings of the Board of Corrections, so as to adjust the quorum requirement for the Board of Corrections consistent with the increase in the boards size due to the 2000 census; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 408. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to allow employees of the Federal-State Shipping Point Inspection Service and the Georgia Firefighters Pension Fund to participate in the states flexible employee benefit plan; to allow payroll deductions for the purchase of benefits by such employees; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 422. By Senators Mullis of the 53rd, Dean of the 31st, Marable of the 52nd, Williams of the 6th and Cable of the 27th:
A BILL to be entitled an Act to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide for the payment of rent to the landowner when transportable housing is foreclosed upon and is not removed within a certain time by the entity foreclosing on the transportable housing; to provide for the creation of a lien against such transportable housing for such rent; to provide for related matters; to provide for civil penalties, court costs, and attorneys fees; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 26, 2002

1073

SB 429. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved February 10, 1993 (Ga. L. 1993, p. 3699), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 430. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved February 10, 1993 (Ga. L. 1993, p. 3691), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 431. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so as to provide for the election and terms of office of members of such board; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for standing committees of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

SR 600. By Senator Haines of the 46th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the Supreme Court shall have jurisdiction over questions of law from any state appellate or federal court; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

Representative Skipper of the 137th assumed the chair.

Representative Hugley of the 133rd 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 Murphy of the 18th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1225. By Representatives Lucas of the 124th, Randall of the 127th, Reichert of the 126th, Birdsong of the 123rd, Graves of the 125th and others:
A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, recognizing the 2002 Cherry Blossom Festival, and inviting the mayor and council of the City of Macon, the members of the Board of Commissioners of Bibb County, the Keep Macon-Bibb Beautiful Commission, and the Cherry Blossom Festival Board are invited to appear before this body; and for other purposes.

HR 1226. By Representatives Parsons of the 40th, Johnson of the 35th, Ehrhart of the 36th, Cooper of the 31st, Dix of the 76th and others:

TUESDAY, FEBRUARY 26, 2002

1075

A RESOLUTION recognizing and commending G. Bryant Wright and inviting him to appear before the House of Representatives; and for other purposes.

HR 1228. By Representatives Turnquest of the 73rd, Heard of the 89th, Watson of the 70th and Smyre of the 136th:
A RESOLUTION honoring the Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of Georgia and the Order of the Eastern Star and inviting the members to appear before the House of Representatives; and for other purposes.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 1075. By Representatives Walker of the 141st, Floyd of the 138th, Ray of the 128th and O'Neal of the 139th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Houston County, in exchange for certain other property in Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James

Y Mueller Y O'Neal 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
Smyre Y Snelling

1076
Y Benfield Birdsong
Y Black Y Boggs 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 Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard E Heckstall Y Hembree
Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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
Stanley Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Smyre of the 136th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1382. By Representatives Channell of the 111th, Parrish of the 144th, Bannister of the 77th, Manning of the 32nd and McCall of the 90th:
A BILL to amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to change certain provisions relating to the duty to maintain grade crossings; to change certain provisions relating to authority of the Department of Transportation, counties, and municipalities to eliminate grade crossings; to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, so as

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to repeal certain provisions relating to obstructions located at crossings, disrepair of crossings, and removal of obstructions or repair of crossings by counties upon the failure of a company to remove obstructions or repair crossings; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, so as to change certain provisions relating to the duty to maintain grade crossings; to change certain provisions relating to authority of the Department of Transportation, counties, and municipalities to eliminate grade crossings; to change certain provisions relating to responsibility for construction of new grade crossings and relocation of existing grade crossings; to provide procedures relative to certain elimination of grade crossings; to change certain provisions relating to procedure to obtain maintenance of grade separation structures, protective devices, and grade crossings; to change certain provisions relating to judicial review; to amend Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, so as to repeal certain provisions relating to obstructions located at crossings, disrepair of crossings, and removal of obstructions or repair of crossings by counties upon the failure of a company to remove obstructions or repair crossings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 6 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to railroads, is amended by striking Code Section 32-6-190, relating to the duty to maintain grade crossings, and inserting in lieu thereof the following:
"32-6-190. Any railroad whose track or tracks cross a public road at grade shall have a duty to maintain such grade crossings in such condition as to permit the safe and convenient reasonable passage of public traffic. Such duty of maintenance shall include that portion of the public road lying between the track or tracks and for two feet beyond the ends of the crossties on each side and extending four feet beyond the traveled way or edge of the shoulder of such crossing."
SECTION 2. Said part is further amended by striking Code Section 32-6-193, relating to authority of the Department of Transportation, counties, and municipalities to eliminate grade

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crossings, and inserting in lieu thereof the following: "32-6-193. When it is reasonably necessary in the interest of public safety, the department, in respect to the state highway system, a county, in respect to its county road system, or a municipality, in respect to its municipal street system, may authorize and direct the elimination of a grade crossing by construction of an underpass or overpass or by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass, provided that any such grade crossing elimination shall be in accordance with this part and that no grade crossing on a county road system or municipal street system shall be eliminated by construction of an underpass or overpass upon order of the county or municipality until and unless the department shall approve the plans and specifications of the proposed construction. No grade crossing on a public road shall be permanently closed except by elimination in accordance with this part."
SECTION 3. Said part is further amended by striking subsection (a) of Code Section 32-6-191, relating to responsibility for construction of new grade crossings and relocation of existing grade crossings, and inserting in lieu thereof the following:
"(a) Where a new grade crossing results from the construction of a new or relocated railroad line, the railroad shall be responsible for and bear all expenses of the construction of such grade crossing. The department, when such a grade crossing is on the state highway system, a county, when such a grade crossing is on its county road system, or a municipality, when such a grade crossing is on its municipal street system, may impose such terms and conditions on the nature and manner of construction of such a grade crossing, including the installation of protective devices, as may be reasonably necessary for the safety and convenience of the traveling public safe and reasonable passage of public traffic."
SECTION 4. Said part is further amended by inserting a new Code section to read as follows:
"32-6-193.1. (a) The department shall by rule or regulation prescribe uniform criteria for its own use and that of local governing authorities in assessing whether elimination of a grade crossing on a public road by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass is reasonably necessary in the interest of public safety. For purposes of this Code section, 'reasonably necessary in the interest of public safety' means that the enhancement of public safety resulting from such elimination of the grade crossing will outweigh any inconvenience to the reasonable passage of public traffic, specifically including without limitation emergency vehicle traffic, caused by such rerouting of traffic. Such criteria shall include consideration of each of the following factors:
(1) Number and timetable speeds of passenger trains operated through the crossing;

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(2) Number and timetable speeds of freight trains operated through the crossing; (3) Distance to alternate crossings; (4) Accident history of the crossing for the immediately preceding five-year period; (5) Type of warning device present at the crossing, if any; (6) The alignments, horizontal and vertical, of the roadway and the railroad and the angle of the intersection of those alignments; (7) The volume of highway traffic by average daily traffic and posted speed limit over the crossing; (8) Any use of the crossing by:
(A) Trucks carrying hazardous material; (B) Vehicles carrying passengers for hire; (C) School buses; or (D) Emergency vehicles; and (9) Any other relevant factors as prescribed by the department. (b)(1) Any railroad may file a written petition requesting an order to eliminate a grade crossing on a public road by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass. Any such petition shall be filed with the department in respect to the state highway system, the county governing authority in respect to its county road system, or a municipality in respect to its municipal street system. (2) Any petition by a railroad under this subsection shall include without limitation information as to each of the factors set forth in paragraphs (1) through (5) of subsection (a) of this Code section. (3) The department or the local governing authority, whichever is applicable, shall conduct a public information meeting on the matter prior to deciding whether to grant or deny such a petition. (c)(1) If the department in respect to the state highway system, a county governing authority in respect to its county road system, or a municipality in respect to its municipal street system determines that elimination of a grade crossing in accordance with this Code section is reasonably necessary in the interest of public safety, the department or the local governing authority may issue an order to eliminate the crossing. Such order shall be in writing, and a copy shall be served upon the railroad. If a local governing authority issues such an order, it shall make a record of its findings and transmit a copy of the same along with the order to the department. (2) If the department in respect to the state highway system, a county governing authority in respect to its county road system, or a municipality in respect to its municipal street system determines that elimination of a grade crossing in accordance with this Code section is not reasonably necessary in the interest of public safety, the department or the local governing authority may issue an order denying a petition to eliminate the crossing. Such order shall be in writing, and a copy shall be served upon the railroad. If a local governing authority denies a petition, it shall make a written record of its findings and transmit a copy of the same along with the order and petition to the department.

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(3)(A) Any railroad aggrieved by an order of a local governing authority under this subsection may make a written request to the department for review of such order. Such request shall be accompanied by a $500.00 filing fee. The department shall within 60 days after the filing of such request review the matter. (B) Upon review of the order and findings of the local governing authority and any filings by the railroad, if the department determines that elimination of a grade crossing in accordance with this Code section is not reasonably necessary in the interest of public safety, the department shall order that the crossing shall remain open. (C) Upon review of the order and findings of the local governing authority and any filings by the railroad, if the department determines that elimination of a grade crossing in accordance with this Code section is reasonably necessary in the interest of public safety, the department shall issue an order to eliminate the crossing. (D) Any such order of the department shall be in writing, and a copy of the order shall be served upon the railroad and the local governing authority. As part of such order, the department shall assess all its costs of investigating and reviewing the matter against the railroad if an order for the crossing to remain open is issued or against the county or municipality if an order to eliminate the crossing is issued, and the party so assessed shall be liable therefor to the department; provided, however, that any filing fee paid to the department by a railroad shall be applied to any such amount assessed against the railroad, and the balance of such filing fee, if any, shall be refunded to the railroad. The department shall keep detailed records of its costs of investigation and review for purposes of this subparagraph, and such records shall be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50. (d) If an order to close a grade crossing is issued, the railroad shall at its expense physically remove the crossing from the tracks and for two feet beyond the ends of the crossties on each side and extending four feet beyond the traveled way or edge of the shoulder of such crossing and erect a department approved barricade; and the department in respect to the state highway system, the county in respect to its county road system, or the municipality in respect to its municipal street system may at its expense remove approaches to the crossing. The provisions of Code Section 32-6-195 for division of costs of elimination of a grade crossing by construction of an underpass or overpass shall not apply to elimination of any grade crossing under this Code section."
SECTION 5. Said part is further amended by striking subsection Code Section 32-6-202, relating to procedure to obtain maintenance of grade separation structures, protective devices, and grade crossings, and inserting in lieu thereof the following:
"32-6-202. (a)(1) Whenever any maintenance of a grade separation structure, protective devices, or a grade crossing is reasonably necessary for the safety and convenience of the

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traveling public safe and reasonable passage of public traffic and such maintenance is the responsibility of a railroad under this part, the department in respect to the state highway system, the governing authority of the county in respect to its county road system, or the governing authority of the municipality concerned in respect to its municipal street system may give written notice to the railroad of the necessity of such maintenance and order the railroad to comply with the maintenance requirements of this part. Such order shall be in writing and, as applicable, shall include the United States Department of Transportation inventory number and railroad milepost number, as well as the highway, street, or roadway name and number as identified on a general highway map prepared by the department. Such order shall be served upon the railroad by certified mail or statutory overnight delivery, return receipt requested. If the railroad does not proceed with the performance of such maintenance within 30 days after receipt of such notice, the department, the county, or the municipality may perform such maintenance and thereafter collect from the railroad the cost of such maintenance, following the collection procedures of subsection (c) of Code Section 32-6-194.
(2)(A) If any railroad fails to comply with such an order of a county or municipality within 30 days after receipt of such notice and order, the county or municipal governing authority may file with the department a written request for review of the matter. Any such request for review shall be accompanied by a filing fee of $500.00 per grade crossing and shall include a copy of the order of the county or municipality. A copy of such request for review shall be served on the railroad by the county or municipality by certified mail or statutory overnight delivery, return receipt requested. The department shall within 30 days after the filing of such request investigate the matter, including undertaking consideration of any statement of position filed by the railroad within ten days after the filing of the request for review, and issue an order either requiring the railroad to take such action as is necessary for purposes of compliance with the maintenance requirements of this part or nullifying the order of the local governing authority. As part of such order, the department shall assess all its costs of investigating and reviewing the matter against the railroad if a compliance order is issued or against the county or municipality if the order of the local governing authority is nullified, and the party so assessed shall be liable therefor to the department; provided, however, that any filing fee paid to the department by a county or municipality shall be applied to any such amount assessed against the county or municipality, and the balance of such filing fee, if any, shall be refunded to the county or municipality. Copies of any such order of the department shall be served upon the railroad and the local governing authority by certified mail or statutory overnight delivery, return receipt requested. The department shall keep detailed records of its costs of investigation and review for purposes of this subparagraph, and such records shall be subject to public inspection as provided by Article 4 of Chapter 18 of Title 50. (B) If any railroad fails to comply with any order of the department under paragraph (1) of this subsection or subparagraph (A) of this paragraph within 30

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days after receipt of such order, then after notice and opportunity for a hearing, the railroad shall be subject to a civil penalty in the amount of $500.00 per day from 30 days after the date of receipt of the order of the department until the railroad has complied with the order of the department; provided, however, that the department may grant an extension of time for compliance without penalty upon a showing that the railroads failure to timely comply was due to force majeure. The provisions of this subparagraph are in addition to the provisions of Code Sections 32-1-10 and 326-1, if applicable. Any fine under this subparagraph shall be tolled for the period from the filing of a petition for a judicial review under Code Section 32-6-203 until the rendering of a final decision. (3) Each railroad whose track or tracks cross a public road in this state shall identify in writing to the department, by job title and with contact information, the appropriate office responsible for the maintenance of grade separation structures, protective devices, and grade crossings and upon which the notices and orders provided for in this subsection shall be served. Such information shall be kept current by the railroad and shall be made publicly available and accessible by the department. (4) Nothing in this Code section subsection shall be construed so as to prevent the department, a county, or a municipality from performing any emergency maintenance which is necessary for the safe and reasonable passage of public traffic, provided reasonable notice is given to the railroad involved, and from collecting the expenses of such maintenance. (b) Whenever any maintenance of a grade separation structure, protective devices, or a grade crossing is reasonably necessary for the safe passage of railroad traffic and such maintenance is the responsibility of the department, a county, or a municipality, the railroad concerned may give written notice to the department, county, or municipality of the necessity of such maintenance. If the department, county, or municipality does not proceed with the performance of such maintenance within 30 days after receipt of such notice, the railroad may proceed to enforce performance of such maintenance as provided in Code Section 32-6-175. Nothing in this Code section subsection shall be construed so as to prevent a railroad from performing any emergency maintenance which is necessary for the safe passage of railroad traffic, provided reasonable notice is given to the department, county, or municipality involved, and from collecting the expenses of such maintenance."
SECTION 6. Said part is further amended by striking Code Section 32-6-203, relating to judicial review, and inserting in lieu thereof the following:
"32-6-203. Any judgment, decision, or order of the department upon any question involving the advisability or necessity of eliminating any grade crossing, of installing any protective device, of improving any grade crossing structure, or involving any other question concerning the state highway system public roads arising under this part shall be subject to judicial review in such manner as is now or hereafter provided by law. for

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judicial review of contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Pending the final determination of any judicial proceedings so instituted, the department, without prejudice to it or the railroad involved and at its own risk, may proceed with the work involved in such litigation, subject to final judgment of the court as to all questions involved in such litigation."
SECTION 7. Article 5 of Chapter 8 of Title 46 of the Official Code of Georgia Annotated, relating to construction, improvement, and repair of rail lines, depots, and roads, is amended by repealing and reserving Code Section 46-8-128, relating to obstructions located at crossings, disrepair of crossings, and removal of obstructions or repair of crossings by counties upon the failure of a company to remove obstructions or repair crossings.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Pinholster of the 15th moves to amend the Committee substitute to HB 1382 as follows:

On page 7, line 31, add "The cost of all litigation involving civil lawsuits shall be paid for by the loser in the case."

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 N Bannister Y Barnard N Barnes N Bell N Benfield N Birdsong N Black N Boggs
Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown

Y Cox N Crawford N Cummings Y Davis Y Day N Dean N 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 Hudgens N Hudson, N N Hudson, S N Hugley E 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 N Knox N Lane

Y Mueller Y O'Neal N Orrock N Parham N Parrish
Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell
Ragas Randall N Ray N Reece N Reed 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 N Snow N Squires N Stallings
Stanley N Stanley-Turner Y Stephens N Stokes
Taylor N Teague N Teper

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N Buck N Buckner N Bulloch
Bunn N Burkhalter Y Burmeister N Byrd Y Callaway N Campbell Y Cash N Channell Y Childers Y Coan N Coleman, B N Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland
Holmes Y Houston Y Howard

Y Lanier Y Lewis
Lord N Lucas Y Lunsford
Maddox N Mangham Y Manning Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Rice N Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Tillman N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 63, nays 103. The amendment was lost.

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.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson

Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley

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

TUESDAY, FEBRUARY 26, 2002

Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall Y Ray Y Reece Y Reed 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

1085
Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

HB 1443. By Representatives Skipper of the 137th, Royal of the 164th and Buck of the 135th:
A BILL to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for the taxation of mobile telecommunications services; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to change certain provisions regarding imposition of various taxes by political subdivisions; to amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of subscribers for "911" charges, so as to provide for applicability of certain charges; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves
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 E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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
Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R 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.

TUESDAY, FEBRUARY 26, 2002

1087

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.

HB 1446. By Representatives Buck of the 135th, Skipper of the 137th, Royal of the 164th, Hudson of the 156th, Ehrhart of the 36th and others:
A BILL to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use tax, so as to change the definition of "gross sales" with respect to transactions relating to certain sales of telephone services; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the 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 Benfield Y Birdsong Y Black Y Boggs 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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Deloach, B Y Deloach, G Y Dix Y Dodson Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar

Y Mueller Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R

1088
Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holland Y Holmes Y Houston Y Howard

Y Mills Y Mobley Y Morris Y Mosley

Sims Y Sinkfield Y Skipper Y Smith, B

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.

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.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1229. By Representatives Lane of the 146th, Smyre of the 136th, Hanner of the 159th and Skipper of the 137th:
A RESOLUTION recognizing Alfonzo L. Hall, President and Chief Executive Officer of International Agile Manufacturing, LLC (I.A.M.) and inviting him to appear before the House of Representatives; and for other purposes.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

TUESDAY, FEBRUARY 26, 2002 AFTERNOON SESSION

1089

The Speaker called the House to order.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1230. By Representative Bell of the 25th:
A RESOLUTION congratulating the Jefferson High School Varsity Wrestling Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read:

HR 1231. By Representatives Manning of the 32nd, Wix of the 33rd, Collins of the 29th, Johnson of the 35th, Parsons of the 40th and others:
A RESOLUTION recognizing Tuesday, February 26, 2002, as Chiropractic Appreciation Day in Georgia; and for other purposes.

HR 1232. By Representative Mobley of the 69th:
A RESOLUTION recognizing Africa Day at the Georgia State Capitol; and for other purposes.

HR 1233. By Representative Franklin of the 39th:
A RESOLUTION commending Grant David Joseph Greenwell; and for other purposes.

HR 1234. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Taylor of the 134th, Roberts of the 132nd and others:

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A RESOLUTION commending Columbus Water Works on its 100th anniversary; and for other purposes.

HR 1235. By Representatives Channell of the 111th and Murphy of the 18th:
A RESOLUTION congratulating Rachel Athon on the occasion of her 60th birthday; and for other purposes.

HR 1236. By Representatives Cash of the 108th, Sanders of the 107th and Lunsford of the 109th:
A RESOLUTION commemorating the founding of the Girl Scout movement in the United States by Georgian Juliette Gordon Low and recognizing Troop 68 of McDonough, Georgia, whose members are serving as pages; and for other purposes.

HR 1237. By Representatives Lunsford of the 109th, Jenkins of the 110th, Crawford of the 129th, Cash of the 108th and Maddox of the 72nd:
A RESOLUTION commending Glenna Faye Houk Waller; and for other purposes.

HR 1238. By Representative Gardner of the 47th:
A RESOLUTION commending and congratulating Jarrett Horne; and for other purposes.

HR 1239. By Representative Cox of the 105th:
A RESOLUTION commending Jill Lowther as a Georgia Youth Volunteer; and for other purposes.

HR 1240. By Representative Epps of the 131st:
A RESOLUTION honoring Mrs. Mary Downer Baugh on the occasion of her birthday; and for other purposes.

TUESDAY, FEBRUARY 26, 2002

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HR 1241. By Representative Channell of the 111th: A RESOLUTION congratulating Carrie Susan Channell Shepherd on the occasion of her 30th birthday; and for other purposes.
HR 1242. By Representatives Cash of the 108th, Sanders of the 107th, Lunsford of the 109th and Watson of the 70th: A RESOLUTION commending J.W. Lemon; and for other purposes.
HR 1243. By Representatives Ashe of the 46th, McBee of the 88th, Cox of the 105th, Buckner of the 95th, Benfield of the 67th and others: A RESOLUTION commending Senior Girl Scout Kymberly Burkhead; and for other purposes.
HR 1244. By Representatives West of the 101st and Stallings of the 100th: A RESOLUTION recognizing and commending William Frank Craft; and for other purposes.
HR 1245. By Representative Parrish of the 144th: A RESOLUTION commending Neil Kyzer; and for other purposes.
HR 1246. By Representative Parrish of the 144th: A RESOLUTION commending Elijah Brantley; and for other purposes.
HR 1247. By Representative Parrish of the 144th: A RESOLUTION commending Debbie Graham; and for other purposes.

1092

JOURNAL OF THE HOUSE

HR 1248. By Representative Parrish of the 144th: A RESOLUTION commending Megan Shaw; and for other purposes.

HR 1249. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A RESOLUTION expressing regret at the passing of Ulysses Knight; and for other purposes.

HR 1250. By Representative Parrish of the 144th: A RESOLUTION commending Christopher Walker; and for other purposes.

HR 1251. By Representative Parrish of the 144th: A RESOLUTION commending Leslie Kyzer; and for other purposes.

HR 1252. By Representative Parrish of the 144th: A RESOLUTION commending Mary Jo Buxton; and for other purposes.

HR 1253. By Representative Parrish of the 144th: A RESOLUTION commending Norman Bostic; and for other purposes.

HR 1254. By Representative Parrish of the 144th: A RESOLUTION commending Hilary Higgs; and for other purposes.

HR 1255. By Representative Parrish of the 144th: A RESOLUTION commending Mickey Jackson; and for other purposes.

TUESDAY, FEBRUARY 26, 2002

1093

HR 1256. By Representative Parrish of the 144th: A RESOLUTION commending Barbara Miller; and for other purposes.

HR 1257. By Representative Parrish of the 144th: A RESOLUTION commending Charlene Calhoun; and for other purposes.

HR 1258. By Representative Parrish of the 144th: A RESOLUTION commending Ricky Walter; and for other purposes.

HR 1259. By Representative Parrish of the 144th: A RESOLUTION commending Phillip Boatright, Jr.; and for other purposes.

HR 1260. By Representative Parrish of the 144th: A RESOLUTION commending Scott Heaton; and for other purposes.

HR 1261. By Representative Parrish of the 144th: A RESOLUTION commending Orlando Strickland; and for other purposes.

HR 1262. By Representative Parrish of the 144th: A RESOLUTION commending Johnnie Edge; and for other purposes.

HR 1263. By Representative Parrish of the 144th: A RESOLUTION commending Mitchell Meeks; and for other purposes.

HR 1264. By Representative Parrish of the 144th: A RESOLUTION commending Jessica Baker; and for other purposes.

1094

JOURNAL OF THE HOUSE

HR 1265. By Representative Parrish of the 144th: A RESOLUTION commending Tangela Strickland; and for other purposes.
HR 1266. By Representative Parrish of the 144th: A RESOLUTION commending Lewis Zellner; and for other purposes.
HR 1267. By Representative Parrish of the 144th: A RESOLUTION commending Joey Rowland; and for other purposes.
HR 1268. By Representative Parrish of the 144th: A RESOLUTION commending Don Oberry; and for other purposes.
HR 1269. By Representative Parrish of the 144th: A RESOLUTION commending Takiya Walker; and for other purposes.
HR 1270. By Representatives Snow of the 2nd and Day of the 153rd: A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition; and for other purposes.
HR 1271. By Representative Byrd of the 170th: A RESOLUTION commending TechBridge and recognizing The Digital Ball on April 13, 2002; and for other purposes.
HR 1272. By Representatives Williams of the 83rd, Dix of the 76th, Unterman of the 84th and Bannister of the 77th:

TUESDAY, FEBRUARY 26, 2002

1095

A RESOLUTION expressing regret at the passing of Anson "Brent" Lanier; and for other purposes.

HR 1273. By Representatives Brooks of the 54th and McKinney of the 51st:
A RESOLUTION in memory of Ilon Owen Funderburg; and for other purposes.

HR 1274. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th, Jamieson of the 22nd and Coleman of the 142nd:
A RESOLUTION recognizing and commending James H. (Jim) Groome; and for other purposes.

HR 1275. By Representative Smyre of the 136th:
A RESOLUTION proclaiming February 2002 as "African American Railroader Month" in Georgia; and for other purposes.

HR 1276. By Representatives Wilkinson of the 43rd, Snelling of the 99th, Forster of the 3rd and Watson of the 70th:
A RESOLUTION commending the Navy League of the United States; and for other purposes.

HR 1277. By Representatives Brooks of the 54th, Mobley of the 69th, Mangham of the 75th and McKinney of the 51st:
A RESOLUTION honoring the life of Roxanne Gregory and expressing sorrow at her passing; and for other purposes.

HR 1278. By Representatives Forster of the 3rd and Snow of the 2nd:
A RESOLUTION congratulating the Ringgold High School Wrestling Team on its first state wrestling championship; and for other purposes.

1096

JOURNAL OF THE HOUSE

HR 1279. By Representatives Kaye of the 37th, Porter of the 143rd and Coleman of the 142nd:
A RESOLUTION commending Stacy Smith; and for other purposes.

HR 1280. By Representatives Kaye of the 37th, Porter of the 143rd and Coleman of the 142nd:
A RESOLUTION commending Micah Lancaster; and for other purposes.

HR 1281. By Representative Mobley of the 69th:
A RESOLUTION designating the month of May as Stroke Awareness Month in Georgia; and for other purposes.

HR 1282. By Representative Jamieson of the 22nd:
A RESOLUTION endorsing the Read Across America Campaign; and for other purposes.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard
Barnes Y Bell
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown
Buck Buckner Y Bulloch

Cox Y Crawford E Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Y Dukes Y Ehrhart
Epps Y Everett
Floyd Y Forster
Franklin Y Gardner
Golick Y Grasse

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord

Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reichert Y Rice
Richardson Y Roberts, D

Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs

Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Campbell Y Cash Channell Childers Coan Y Coleman, B Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, FEBRUARY 26, 2002

Y Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hembree Henson Y Hines Y Holland Holmes Y Houston Howard

Lucas Lunsford Maddox Mangham Y Manning E Massey Y McBee McCall Y McClinton McKinney Millar Y Mills Mobley Morris Mosley

Y Roberts, L Rogers
Y Royal Sailor
Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B

On the adoption of the Resolutions, the ayes were 121, nays 0. The Resolutions were adopted.

1097
Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson
Willard Y Williams, J Y Williams, R E Wix Y Yates
Murphy, Speaker

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.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1180. By Representative Royal of the 164th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to any agricultural commodities commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister

Y Cox Y Crawford E Cummings Y Davis Y Day

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish

Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T

1098
Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston
Howard

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 Y Manning E Massey Y McBee Y McCall Y McClinton
McKinney Millar Y Mills Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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
Sinkfield Y Skipper Y Smith, B

Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R E Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Maddox of the 72nd, Rogers of the 20th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1136. By Representatives Reichert of the 126th and Jenkins of the 110th:
A BILL to amend Article 1 of Chapter 9 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, relating to administration of the estate of missing persons and persons believed to be dead, so as to provide that when any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death the death of

TUESDAY, FEBRUARY 26, 2002

1099

the individual may be proved by clear and convincing evidence at any time after such exposure; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford E Cummings Y Davis
Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson
Drenner Dukes Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning E Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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

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
Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R E 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.

1100

JOURNAL OF THE HOUSE

Representatives Hembree of the 98th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 1116. By Representative Holland of the 157th:
A BILL to amend Code Section 9-11-16 of the Official Code of Georgia Annotated, relating to pretrial procedure, formulating issues, the pretrial order, and the pretrial calendar, so as to provide that after entry of an order governing a civil trial, the court in its discretion may allow additional witnesses to be called; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 9-11-16 of the Official Code of Georgia Annotated, relating to pretrial procedure, formulating issues, the pretrial order, and the pretrial calendar, so as to provide that after entry of an order governing a civil trial, the court in its discretion may allow additional witnesses to be called; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-16 of the Official Code of Georgia Annotated, relating to pretrial procedure, formulating issues, the pretrial order, and the pretrial calendar, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) The court shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues for trial to those not disposed of by admissions or agreements of counsel. The order, when entered, controls the subsequent course of the action unless modified at the trial in the discretion of the court to prevent manifest injustice. Such modification may include the admission or exclusion of evidence or witnesses not contained in the pretrial order as originally entered. The court, in its discretion, may establish by rule a pretrial calendar on which actions may be placed for consideration as provided in subsection (a) of this Code section and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions."

TUESDAY, FEBRUARY 26, 2002
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

1101

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 Benfield Y Birdsong Y Black Y Boggs 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 E Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning E Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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
Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 0.

1102

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Maddox of the 72nd and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 1223. By Representatives Parham of the 122nd and Hudson of the 120th:
A RESOLUTION commending the Georgia Military College Bulldogs junior college football team; and for other purposes.

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 1220 Do Pass HR 1229 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 1220. By Representative Bell of the 25th: A RESOLUTION recognizing and commending the Commerce High School

TUESDAY, FEBRUARY 26, 2002

1103

Competitive Cheerleaders and inviting them to appear before the House of Representatives; and for other purposes.

HR 1229. By Representatives Lane of the 146th, Smyre of the 136th, Hanner of the 159th and Skipper of the 137th:
A RESOLUTION recognizing Alfonzo L. Hall, President and Chief Executive Officer of International Agile Manufacturing, LLC (I.A.M.) and inviting him to appear before the House of Representatives; and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Agriculture and Consumer Affairs and referred to the Committee on Judiciary:
SB 385. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 4 of the O.C.G.A., relating to general provisions related to animals, so as to require persons caring for animals to report certain diseases caused by bioterrorism to the Department of Agriculture and the Department of Human Resources; to amend Chapter 12 of Title 31 of the O.C.G.A., relating to control of hazardous conditions, preventable diseases, and metabolic disorders; to amend Chapter 1 of Title 35 of the O.C.G.A., relating to general provisions related to law enforcement officers and agencies; to amend Chapter 3 of Title 38 of the O.C.G.A., relating to emergency management; to amend Chapter 13 of Title 50 of the O.C.G.A., the "Georgia Administrative Procedure Act;" to provide for related matters; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1481. By Representatives Snow of the 2nd, Smith of the 175th, Joyce of the 1st, Sims of the 167th, Williams of the 5th and others:

1104

JOURNAL OF THE HOUSE
A BILL to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses regarding dead bodies, so as to change certain provisions relating to abuse of dead body; to prohibit and punish certain throwing away, abandonment, or final disposition of dead bodies; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change certain provisions relating to definitions; to change certain provisions relating to crematories; and for other purposes.

The following Committee amendment was read and withdrawn:

The Committee on Public Safety moves to amend HB 1481 by striking line 1 on page 3 and inserting in lieu thereof the following:
"provided, however, that the provisions of paragraphs (1), (2), (3), and (5) of this subsection".

The following substitute, offered by Representative Snow of the 2nd et al., was read:

A BILL
To regulate certain practices relating to dead bodies; to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses regarding dead bodies, so as to prohibit and punish certain throwing away or abandonment of dead bodies; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change certain provisions relating to definitions; to change certain provisions relating to identification of bodies of deceased persons; to change certain provisions relating to crematories; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses regarding dead bodies, is amended by inserting a new Code section to read as follows:
"31-21-44.2. (a)(1) Any person who throws away or abandons any dead human body or portion of such dead body shall commit the offense of abandonment of a dead body.

TUESDAY, FEBRUARY 26, 2002

1105

(2) It shall not be an offense under this subsection to make final disposition of a dead human body or portion of such dead body under a death certificate issued under Chapter 10 of this title or the law of another jurisdiction by interment, entombment, inurnment, scattering of cremated remains, burial at sea, or any means otherwise authorized by law; nor shall it be an offense under this subsection for any law enforcement personnel, medical or medical laboratory personnel, coroner or medical examiner, funeral director, embalmer, crematory operator, or cemetery operator to perform those duties or acts relating to possession or disposition of a dead human body or portion of such dead body which are otherwise imposed or authorized by law or lawful contract. (b) Any person who commits an offense of abandonment of a dead body as provided by subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years."
SECTION 2. Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking paragraph (6) of Code Section 43-18-1, relating to definitions, and inserting in lieu thereof the following:
"(6) 'Crematory' means a any place that is owned by a funeral director or funeral establishment where cremation is performed, and which is open to the public other than a hospital, clinic, laboratory, or other facility authorized by the Department of Human Resources for such purposes."
SECTION 3. Said chapter is further amended by striking Code Section 43-18-8, relating to identification of bodies of deceased persons, and inserting in lieu thereof the following:
"43-18-8. (a) The funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death. If the religious faith of the deceased prohibits desecration of the body such means of identification, alternative means of identification of the body may be used. (b) The funeral director in charge of a crematory shall provide to the person to whom cremated remains are delivered or released a written statement signed and verified by such funeral director before a person authorized to administer oaths, attesting that the vessel contains the remains of the deceased identified in accordance with subsection (a) of this Code section."
SECTION 4. Said chapter is further amended by striking Code Section 43-18-72, relating to crematories, and inserting in lieu thereof the following:

1106

JOURNAL OF THE HOUSE

"43-18-72. (a) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a license from the board in accordance with this article. The crematory must be at a specific address or location and must have the following minimum equipment, facilities, and personnel:
(1) A room with seating for a minimum of 30 people in which funeral services may be conducted; (2) A display room containing an adequate supply of urns; (3) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (4) At least one operable retort for cremation; and (5) At least one church truck; provided, however, that the provisions of paragraphs (1), (2), (3), and (5) of this subsection shall not apply to crematories which provide cremation services only to other funeral establishments. (b) The board may adopt and enforce such rules as may be reasonable and necessary to provide for the sanitary disposal of dead human bodies and prevent the spread of disease and to protect the health, safety, and welfare of the people of this state. (c) Application for licensure of a crematory shall be made upon a form approved by the board and shall be accompanied by an application fee. No license shall be issued unless the facility meets all the requirements set forth by the board. (d) The board may adopt rules requiring each crematory to submit periodic reports to the board which include the names of persons cremated and the types of containers used. (e) No more than one dead human body shall be placed in a retort at one time unless written permission has been received from the person possessing legal responsibility for the disposition of the dead human body. (f) Nothing in this article shall require a funeral establishment to have a separate license for a crematory but such establishment must comply with all the minimum equipment and facilities requirements, and all other statutes, rules, and regulations relating to crematories."
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:

TUESDAY, FEBRUARY 26, 2002

1107

Representative Richardson of the 26th moves to amend the Floor substitute to HB 1481 as follows:
On page 1, line 16, after the words "such dead body" insert:
"or mutilates or desecrates a dead human body".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster E Franklin Y Gardner Y Golick Y Grasse 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 Hudgens Y Hudson, N
Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley

Y Mueller Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R Y Wix Y Yates

1108
Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Houston Y Howard

Y Morris Y Mosley

Y Skipper Y Smith, B

Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Hudson of the 120th 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 1128. By Representatives Bordeaux of the 151st, Davis of the 60th, Hammontree of the 4th, Benfield of the 67th, Massey of the 86th and others:
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, Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to purchase of motor vehicle liability insurance by municipal corporations, Code Section 36-33-1 of the Official Code of Georgia Annotated, relating to local government, and Code Section 40-6-6 of the Official Code of Georgia Annotated, relating to authorized emergency vehicles, so as to provide for waiver of the immunity of local government entities for injury or damage arising out of the negligent use of motor vehicles; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to purchase of motor vehicle liability insurance by municipal corporations, Code Section 36-33-1 of the Official Code of Georgia Annotated, relating to local government, and Code Section 40-6-6 of the Official Code of Georgia Annotated, relating to authorized emergency vehicles, so as to provide for waiver of the immunity of local government entities for injury or damage arising out of the negligent use of motor vehicles; to provide for definitions; to provide for a maximum waiver amount; to provide for exceptions; to amend related provisions of the Official Code of Georgia Annotated so as to assure

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consistency; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-24-51 of the Official Code of Georgia Annotated, relating to purchase of motor vehicle liability insurance by municipal corporations, is amended by striking subsections (b) through (d) of said Code section and inserting in lieu thereof the following:
"(b) The sovereign immunity of local government entities for loss arising out of claims for the negligent use of a covered motor vehicle is waived as provided in Code Section 36-92-2. Whenever a municipal corporation, a county, or any other political subdivision of this state shall purchase the insurance authorized by subsection (a) of this Code section to provide liability coverage for the negligence of any duly authorized officer, agent, servant, attorney, or employee in the performance of his or her official duties in an amount greater than the amount of immunity waived as in Code Section 3692-2, its governmental immunity shall be waived to the extent of the amount of insurance so purchased. Neither the municipal corporation, county, or political subdivision of this state nor the insuring company shall plead governmental immunity as a defense; and the municipal corporation, county, or political subdivision of this state or the insuring company may make only those defenses which could be made if the insured were a private person. (c) The municipal corporation, county, or any other political subdivision of this state shall be liable for negligence as provided in this Code section only for damages suffered while the insurance is in force but in no case in an amount exceeding damages in excess of the amount of immunity waived as provided in Code Section 36-92-2 which are sustained only while the insurance is in force and only to the extent of the limits or the coverage of the insurance policy. (d) If a the verdict rendered by the jury exceeds the limits of the applicable insurance, the court shall reduce the amount of said judgment or award to a sum equal to the applicable limits stated in the insurance policy but not less than the amount of immunity waived as provided in Code Section 36-92-2."
SECTION 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (a) of Code Section 36-33-1, relating to immunity of municipal corporations, in its entirety and inserting in lieu thereof the following:
"(a) Pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia, the General Assembly, except as provided in this Code section and in Chapter 92 of this title, declares it is the public policy of the State of Georgia that there is no waiver of the sovereign immunity of municipal corporations of the state and such municipal corporations shall be immune from liability for damages. A municipal

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corporation shall not waive its immunity by the purchase of liability insurance, except as provided in Code Section Sections 33-24-51 or 36-92-2, or unless the policy of insurance issued covers an occurrence for which the defense of sovereign immunity is available, and then only to the extent of the limits of such insurance policy. This subsection shall not be construed to affect any litigation pending on July 1, 1986."
SECTION 3. Said title is further amended by adding at the end thereof a new Chapter 92 to read as follows:
"CHAPTER 92 36-92-1. As used in this chapter, the term:
(1) 'Claim' means any demand against a local government entity for money for a loss caused by negligence of a local government entity officer or employee using a covered motor vehicle while carrying out his or her official duties or employment. (2) 'Covered' motor vehicle means:
(A) Any motor vehicle owned by the local government entity; and (B) Any motor vehicle leased or rented by the local government entity. (3) 'Local government entity' means any county, municipal corporation, or consolidated city-county government of this state. Such term shall not include a local school system. (4) 'Loss' means personal injury, disease, death, damage to tangible property, including lost wages and economic loss to the person who suffered the injury, disease, or death; pain and suffering; mental anguish; loss of consortium; and any other element of actual damages recoverable in actions for negligence. (5) 'Motor vehicle' means any automobile, bus, motorcycle, truck, trailer, or semitrailer, including its equipment, and any other equipment permanently attached thereto, designed or licensed for use on the public streets, roads, and highways of the state. (6) 'Occurrence' means an accident involving a covered motor vehicle.
36-92-2. (a) The sovereign immunity of local government entities for a loss arising out of claims for the negligent use of a covered motor vehicle is waived for a loss involving bodily injury or death to the extent of $500,000.00 for one person in any one occurrence, $1 million involving a loss with two or more persons in any one occurrence, and to the extent of $250,000.00 for a loss involving injury to or destruction of property per occurrence. Such waiver shall be increased to the extent that:
(1) The governing body of the local governmental entity by resolution or ordinance voluntarily adopts a higher waiver;

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1111

(2) The local government entity becomes a member of an interlocal risk management agency created pursuant to Chapter 85 of this title to the extent that coverage obtained exceeds the amount of the waiver set forth in this Code section; or (3) The local government entity purchases commercial liability insurance in an amount in excess of the waiver set forth in this Code section. (b) The waiver of immunity by a local government entity as provided by subsection (a) of this Code section shall be subject to the provisions of Code Section 33-7-11 when a claimant has uninsured motorist protection available pursuant to any policy of insurance.
36-92-3. (a) Any officer, agent, servant, attorney, or employee of a local government entity who commits a tort involving the use of a covered motor vehicle while in the performance of his or her official duties is not subject to lawsuit or liability therefor. Nothing in this chapter, however, shall be construed to give the officer, agent, servant, attorney, or employee immunity from suit and liability if it is proved that the officers, agents, servants, attorneys, or employees conduct was not within the performance of his or her official duties. (b) A person bringing an action against a local government entity under the provisions of this chapter must name as a party defendant only the local government entity for which the officer, agent, servant, attorney, or employee was acting and shall not name the officer, agent, servant, attorney, or employee individually. In the event that the officer, agent, servant, attorney, or employee is individually named for an act for which the local government entity is liable under this chapter, the local government entity for which the officer, agent, servant, attorney, or employee was acting must be substituted as the party defendant. (c) A settlement or judgment in an action or settlement on a claim brought pursuant to this chapter constitutes a complete bar to any further action by the claimant against a local government entity officer, agent, servant, attorney, employee, or the local government entity by reason of the same occurrence. (d) This chapter shall not waive the workers compensation exclusive remedy when local government entity officers, agents, servants, attorneys, or employees are injured on the job.
36-92-4. This chapter shall apply to all claims and causes of actions arising out of events occurring on or after January 1, 2004."
SECTION 4. Code Section 40-6-6, relating to authorized emergency vehicles, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof the following:

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"(d)(1) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. (2) When a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect in another vehicle and the fleeing suspect damages any property or injures or kills any person during the pursuit, the law enforcement officers pursuit shall not be the proximate cause or a contributing proximate cause of the damage, injury, or death caused by the fleeing suspect unless the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officers decision to initiate or continue the pursuit. Where such reckless disregard exists, the pursuit may be found to constitute a proximate cause of the damage, injury, or death caused by the fleeing suspect, but the existence of such reckless disregard shall not in and of itself establish causation. (3) The provisions of this subsection shall apply only to issues of causation and duty and shall not affect the existence or absence of immunity which shall be determined as otherwise provided by law. (4) Claims arising out of this subsection which are brought against local government entities, their officers, agents, servants, attorneys, and employees shall be governed by Chapter 92 of Title 36."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Bordeaux of the 151st, Smyre of the 136th and Walker of the 141st move to amend the Committee substitute to HB 1128 by striking lines 18 through 22 on page 3 and inserting in lieu thereof the following:
"(a) Effective on January 1, 2005, and until December 31, 2005, the sovereign immunity of local government entities for a loss arising out of claims for the negligent use of a covered motor vehicle is waived for a loss involving bodily injury or death to the extent of $100,000.00 for one person in any one occurrence, $300,000.00 involving a loss with two or more persons in any one occurrence, and to the extent of $50,000.00 for a loss involving injury to or destruction of property per occurrence. Effective on January 1, 2006, and until December 31, 2007, the sovereign immunity of local government entities for a loss arising out of claims for the negligent use of a covered motor vehicle is waived for a loss involving bodily injury or death to the extent of $300,000.00 for one person in any one occurrence, $600,000.00 involving a loss with two or more persons in any one occurrence, and to the extent of $100,000.00 for a loss involving injury to or destruction of property per occurrence. Effective on and after January 1, 2008, the sovereign immunity of local government entities for a

TUESDAY, FEBRUARY 26, 2002

1113

loss arising out of claims for the negligent use of a covered motor vehicle is waived for a loss involving bodily injury or death to the extent of $500,000.00 for one person in any one occurrence, $1 million involving a loss with two or more persons in any one occurrence, and to the extent of $250,000.00 for a loss involving injury to or destruction of property per occurrence. Such".

The following amendment was read:

Representative Stephens of the 150th et al. move to amend the Bordeaux amendment to HB 1128 as follows:
Line 7 change 100,000.00 to 50,000.00 change 300,000 to 150,000.00
On line 12 change 300,000 to 50,000.00
Line 13 change 600,000 to 400,000.00
Line 14 change 100,000.00 to 50,000.00
Line 18 change 1 million to 500,000.00 per occurrence.

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 Y Barnard Y Barnes
Bell N Benfield Y Birdsong Y Black N Boggs N Bordeaux Y Borders N Bridges N Brooks
Broome Y Brown Y Buck

Y Cox N Crawford Y Cummings N Davis Y Day Y Dean N Deloach, B Y Deloach, G N Dix Y Dodson
Drenner N Dukes Y Ehrhart N Epps N Everett Y Floyd Y Forster Y Franklin
Gardner

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin N Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier

Y Mueller N O'Neal N Orrock N Parham Y Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter Y Powell Y Purcell N Ragas Y Randall N Ray
Reece N Reed N Reichert Y Rice

N Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings N Stanley Y Stanley-Turner Y Stephens N Stokes
Taylor N Teague N Teper N Tillman

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N Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Golick Y Grasse Y Graves N Greene N Hammontree Y Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland Y Holmes Y Houston N Howard

Y Lewis Y Lord N Lucas Y Lunsford N Maddox
Mangham Y Manning N Massey Y McBee Y McCall N McClinton Y McKinney N Millar Y Mills N Mobley N Morris N Mosley

Y Richardson Y Roberts, D N Roberts, L N Rogers Y Royal N Sailor Y Sanders Y Scheid N Scott Y Seay N Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

On the adoption of the amendment, the ayes were 90, nays 80. The amendment was adopted.

N Turnquest N Twiggs Y Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J N Williams, R N Wix Y Yates
Murphy, Speaker

Representative Bordeaux of the 151st moved that the House reconsider its action in adopting the Stephens amendment.

On the motion, 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 Y Benfield N Birdsong Y Black Y Boggs Y Bordeaux N Borders N Bridges Y Brooks Y Broome N Brown N Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister

N Cox Y Crawford N Cummings N Davis N Day N Dean Y Deloach, B N Deloach, G Y Dix N Dodson
Drenner N Dukes N Ehrhart Y Epps N Everett N Floyd N Forster N Franklin Y Gardner Y Golick N Grasse N Graves Y Greene Y Hammontree

N Hudgens N Hudson, N N Hudson, S N Hugley E Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings N Johnson N Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis
Lord N Lucas N Lunsford Y Maddox

N Mueller Y O'Neal Y Orrock N Parham N Parrish Y Parsons Y Pelote N Pinholster Y Poag N Porter N Powell N Purcell Y Ragas N Randall Y Ray N Reece N Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers N Royal

Y Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre N Snelling N Snow Y Squires N Stallings N Stanley Y Stanley-Turner N Stephens Y Stokes
Taylor N Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L Y Walker, R.L

Y Byrd Y Callaway N Campbell Y Cash N Channell Y Childers N Coan N Coleman, B N Coleman, T N Collins Y Connell N Cooper

TUESDAY, FEBRUARY 26, 2002

Y Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland N Holmes Y Houston Y Howard

N Mangham N Manning Y Massey Y McBee N McCall N McClinton N McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

N Sailor N Sanders N Scheid Y Scott N Seay Y Shanahan Y Shaw N Sholar Y Sims N Sinkfield Y Skipper N Smith, B

On the motion, the ayes were 70, nays 104. The motion was lost.

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Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

The Bordeaux amendment, as amended, was adopted.

The following amendment was read and withdrawn:

Representative Reed of the 52nd moves to amend the Committee substitute to HB 1128 by striking lines 20 through 22 on page 3 and inserting in lieu thereof the following:
"or death to the extent of $50,000.00 for one person in any one occurrence, $100,000.00 involving a loss with two or more persons in any one occurrence, and to the extent of $25,000.00 for a loss involving injury to or destruction of property per occurrence. Such".

The following amendment was read:

Representative Millar of the 59th moves to amend the Committee substitute to HB 1128 as follows:
Insert after line 33 on page 3 the following:
"(c) No award for pain or suffering or punitive damages greater than 1 1/2 times the amount of actual proven damages may be included by a court within the limits of the waiver set forth in this Code section."

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On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen Y Amerson Y Anderson N Ashe Y Bannister N Barnard Y Barnes N Bell N Benfield N Birdsong N Black N Boggs 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 N Cash N Channell Y Childers N Coan N Coleman, B N Coleman, T Y Collins N Connell Y Cooper

N Cox N Crawford N Cummings N Davis N Day N Dean N Deloach, B Y Deloach, G N Dix Y Dodson
Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner N Golick N Grasse N Graves N Greene N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hembree N Henson N Hines N Holland N Holmes Y Houston N Howard

Y Hudgens N Hudson, N N Hudson, S N Hugley E Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce
Kaye Y Keen Y Knox N Lane N Lanier Y Lewis Y Lord N Lucas N Lunsford N Maddox N Mangham Y Manning N Massey N McBee Y McCall N McClinton N McKinney Y Millar N Mills N Mobley Y Morris N Mosley

Y Mueller Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert N Rice N Richardson N Roberts, D
Roberts, L Y Rogers N Royal Y Sailor Y Sanders N Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner
Stephens N Stokes
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, J N Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 40, nays 132. The amendment was lost.

The following amendment was read:

TUESDAY, FEBRUARY 26, 2002

1117

Representatives Bannister of the 77th et al. move to amend the Committee substitute to HB 1128 by inserting "to provide for introduction of collateral source evidence in certain actions;" following "vehicles;" on line 6 of page 1.
By inserting between lines 16 and 17 of page 4 the following:
"(c) In any civil action seeking damages for personal injury against a local government entity under the provisions of this chapter, the court shall permit evidence and argument as to the previous payment or future right of payment of actual economic losses incurred or to be incurred as a result of the personal injury for necessary medical care, rehabilitation services, and custodial care except to the extent that the previous payment or future right of payment is pursuant to a state or federal program or from assets of the claimant or the members of the claimants immediate family. (d) If evidence and argument regarding previous payments or future rights of payment is permitted pursuant to subsection (c) of this Code section, the court shall also permit evidence and argument as to the costs to the claimant of procuring the previous payments or future rights of payment and as to any existing rights of indemnification or subrogation relating to the previous payments or future rights of payment. (e) If evidence or argument is permitted pursuant to subsection (c) or (d) of this Code section, the court shall, unless otherwise agreed to by all parties, instruct the jury to answer special interrogatories or, if there is no jury, shall make findings indicating the effect of such evidence or argument on the verdict.".
By striking "(c)" and inserting in lieu thereof "(f)" on line 17 of page 4 and by striking "(d)" and inserting in lieu thereof "(g)" on line 21 of page 4.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen Y Amerson N Anderson N Ashe
Bannister Barnard Y Barnes N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brooks N Broome

Y Cox N Crawford N Cummings N Davis Y Day N Dean N Deloach, B Y Deloach, G N Dix Y Dodson
Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster

Y Hudgens N Hudson, N N Hudson, S
Hugley E Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings Y Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox

Y Mueller Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag Y Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed

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 N Stanley N Stanley-Turner Y Stephens N Stokes
Taylor N Teague

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Y Brown Y Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Coan N Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Franklin N Gardner N Golick Y Grasse Y 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 N Howard

N Lane N Lanier Y Lewis
Lord N Lucas N Lunsford N Maddox N Mangham Y Manning Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley

N Reichert Y Rice N Richardson Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper Y Smith, B

N Teper N Tillman N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmoreland Y Wiles N Wilkinson N Willard Y Williams, J N Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 57, nays 114. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Bannister of the 77th was not recorded on the preceding roll call. He wished to be recorded as voting "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 Y Barnard N Barnes N Bell Y Benfield Y Birdsong

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B N Deloach, G Y Dix N Dodson

Y Hudgens N Hudson, N N Hudson, S N Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins

N Mueller Y O'Neal 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 N Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires

Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks N Broome Y Brown N Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, FEBRUARY 26, 2002

Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Jennings Y Johnson Y Jordan Y Joyce Y Kaye N Keen N Knox Y Lane Y Lanier N Lewis N Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton N 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 Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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N Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor Y 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, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1284. By Representatives Benfield of the 67th, Henson of the 65th and Ragas of the 64th:
A RESOLUTION commending Robert J. Smith and inviting him to appear before the House of Representatives; and for other purposes.

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Representative Bordeaux of the 151st 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 1421 Do Pass

Respectfully submitted, /s/ Bordeaux of the 151st
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1106 Do Pass HB 1138 Do Pass, by Substitute HB 1321 Do Pass, by Substitute

HB 1441 Do Pass, by Substitute HB 1521 Do Pass HR 1111 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 135th
Chairman

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

WEDNESDAY, FEBRUARY 27, 2002

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Representative Hall, Atlanta, Georgia Wednesday, February 27, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James L. Faircloth, Jr., Area Missionary, Georgia Baptist Convention, Abbeville, Georgia.
The members pledged allegiance to the flag.
Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1573. By Representatives Powell of the 23rd and Jamieson of the 22nd: A BILL to provide a new charter for the City of Lavonia; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1574. By Representative Houston of the 166th: A BILL to provide a new charter for the City of Berlin; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1575. By Representatives Davis of the 60th, Richardson of the 26th, Ragas of the 64th, Walker of the 141st and Skipper of the 137th: A BILL to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to demand of jury panels from which to select a jury in civil actions in the state courts and the superior courts, so as to change the monetary limit for a jury of 12 in state courts; and for other purposes.
Referred to the Committee on Judiciary.
HB 1576. By Representatives Jennings of the 63rd and Campbell of the 42nd: A BILL to amend Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, so as to prohibit certain outdoor advertising which contains depictions of nudity or sexual conduct and is visible from the main traveled way of public roads; to provide punishments for violations; to provide for injunctive

WEDNESDAY, FEBRUARY 27, 2002

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relief from nuisances; to repeal certain provisions of law restricting outdoor advertising which were declared unconstitutional by the Georgia Supreme Court; to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic generally, so as to repeal certain provisions; and for other purposes.

Referred to the Committee on Transportation.

HB 1577. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the judge of the Probate Court of Franklin County," so as to change the method of computing such officer's salary; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1578. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the clerk of the Superior Court of Franklin County," so as to change the method of computing such officer's salary; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1579. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the tax commissioner of Franklin County," so as to change the method of computing such officer's salary; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1580. By Representatives Smith of the 12th, Powell of the 23rd, Rogers of the 20th and Bannister of the 77th:

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A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse an employer for a subsequent injury occurring after December 31, 2002; to provide that the fund shall continue to reimburse employers for injuries occurring prior to December 31, 2002; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1581. By Representatives Walker of the 141st, Skipper of the 137th, Murphy of the 18th, Bordeaux of the 151st and Holland of the 157th:
A BILL to amend Article 2 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to effect of judgments, so as to change provisions relating to the binding effect of judgments; to provide that a judgment shall be conclusive between the same parties and their privies nothwithstanding the filing or pendency of an appeal, supersedeas, or other judicial decree suspending enforcement; and for other purposes.

Referred to the Committee on Judiciary.

HB 1582. By Representatives Walker of the 141st, Dix of the 76th, Squires of the 78th and Bordeaux of the 151st:
A BILL to revise provisions of law relating to the recording of records by clerks of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to change provisions relating to types of records required to be maintained; to provide that clerks shall not be required to refund certain excess sums tendered to them; to amend Code Section 34-8-167 of the Official Code of Georgia Annotated, relating to collection of delinquent employment security contributions, so as to change provisions relating to recording of liens for such delinquent amounts; to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation of deeds and other instruments; and for other purposes.

Referred to the Committee on Judiciary.

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HB 1583. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:
A BILL to amend an Act creating the State Court of Henry County, so as to provide for an additional judge for said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1584. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to a right of continuation of coverage for former employees, payment of premiums, establishment of terms and conditions by board, and appointment as United States attorney, so as to provide that if a former member of the Generally Assembly dies after ceasing to hold office but before he or she begins to receive a retirement benefit, and he or she has continued to participate in the state health plan, his or her surviving spouse and dependent children shall be entitled to continued coverage; and for other purposes.
Referred to the Committee on Retirement.
HB 1585. By Representative Mobley of the 69th:
A BILL to amend Code Section 16-5-100 of the Official Code of Georgia Annotated, relating to cruelty to a person 65 years of age or older, so as to provide for additional acts of harm and better define the exceptions; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1586. By Representative Smith of the 19th:
A BILL to amend an Act creating the Etowah Water and Sewer Authority, so as to change provisions relating to the issuance of revenue bonds; to remove a monetary limitation on debt of the authority; to provide for a limitation of

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40 years on the maturity of revenue bonds of the authority; to provide expressly for certain intergovernmental contracts between the authority and Dawson County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1587. By Representatives Skipper of the 137th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd and Twiggs of the 8th:
A BILL to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to allocation of transportation funds, so as to change certain provisions relating to allocation of state and federal transportation funds and authorization of reduction of funds allocated; to authorize certain waivers of funding allocation requirements; and for other purposes.

Referred to the Committee on Transportation.

HB 1588. By Representatives Heard of the 89th, Taylor of the 134th, Hugley of the 133rd, Harbin of the 113th, McBee of the 88th and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the design and implementation of a mentoring program for certain teachers; to provide for definitions, required participation, assignment of mentors, and reduced classroom instruction assignments; to provide for observation of other teachers, stipends for mentors, criteria for mentor selection, records, funds, and a schedule for implementation; and for other purposes.

Referred to the Committee on Education.

HB 1589. By Representatives Mobley of the 69th, Smith of the 19th and Teague of the 58th:
A BILL 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

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1127

the road, so as to change certain provisions relating to drivers' exercise of due care and proper use of radios and mobile telephones; to prohibit certain use of mobile telephones; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1590. By Representatives Westmoreland of the 104th, Hudgens of the 24th, Lunsford of the 109th and Jamieson of the 22nd:
A BILL to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs for quality basic education, so as to provide that for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., students enrolled in home study programs shall be provided with the same special education and related services as students enrolled in private schools; and for other purposes.

Referred to the Committee on Education.

HB 1591. By Representative Birdsong of the 123rd:
A BILL to amend an Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, so as to increase the amount of such exemption to $25,000.00 of the assessed value of the homestead; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1592. By Representative Poag of the 6th:
A BILL to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to broaden the regulatory powers of the commission to include jurisdiction over all professional athletics; to provide for definitions; to provide for licensing and regulation of professional athletes and other

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persons and organizations involved in professional athletics; and for other purposes.

Referred to the Committee on Industry.

HB 1593. By Representative Bell of the 25th:
A BILL to amend an Act establishing a system of public schools in the City of Jefferson, so as to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1594. By Representative Bell of the 25th:
A BILL to amend an Act providing a new charter for the City of Jefferson, so as to change the description of the council districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1595. By Representatives Jackson of the 148th, West of the 101st, Randall of the 127th, Childers of the 13th and Henson of the 65th:
A BILL to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to include physicians in the "Georgia Volunteers in Health Care Specialties Act"; to provide for licensing retired physicians; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1596. By Representative Ashe of the 46th: A BILL to amend an Act providing for the number of members and for the

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1129

election of members of the Board of Education of Fulton County, so as to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1597. By Representative Ashe of the 46th:
A BILL to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1598. By Representatives Manning of the 32nd, Wix of the 33rd, Collins of the 29th, Johnson of the 35th, Parsons of the 40th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1599. By Representatives Wilkinson of the 43rd, Cooper of the 31st and Kaye of the 37th:
A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to require the Department of Human Resources to prepare information about bacterial meningitis and to make such information available to all secondary and postsecondary schools in this state; to require all secondary and postsecondary schools to provide information about bacterial meningitis to all enrolled secondary and postsecondary students and their parents or guardians; and for other purposes.

Referred to the Committee on Health & Ecology.

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HB 1600. By Representative Parsons of the 40th:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing and related restrictions, and temporary license, so as to change certain provisions relating to instruction permits; to provide for display of certain decals or signs by instruction permit holders; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1601. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to amend an Act relating to the Board of Education of Colquitt County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1602. 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 reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1603. By Representatives Everett of the 163rd, Squires of the 78th, Davis of the 60th, Stokes of the 92nd, Rice of the 79th and others:
A BILL to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferrals, so as to provide that a landowner shall be presumed to have dedicated land for a public road if such land has been used as such for at least seven years; to

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provide that a political subdivision shall be presumed to have accepted a dedication if it has performed maintenance or repair to such land; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1604. By Representative Holland of the 157th:
A BILL to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court of the Tifton Judicial Circuit; and for other purposes.

Referred to the Committee on Judiciary.

HB 1605. By Representative Murphy of the 18th:
A BILL to amend an Act relating to the board of education of Haralson County, so as to change the composition of the districts from which members of the board are elected; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1606. By Representatives Powell of the 23rd, Hudson of the 156th, Murphy of the 18th, Westmoreland of the 104th, Skipper of the 137th and others:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for additional requirements with respect to affixing tax stamps on cigarettes; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Attorney General and the state revenue commissioner; and for other purposes.

Referred to the Committee on Industry.

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HR 1227. By Representatives Epps of the 131st, DeLoach of the 119th, Connell of the 115th, Maddox of the 72nd, Stokes of the 92nd and others:
A RESOLUTION urging the United States Bureau of Alcohol, Tobacco, and Firearms and the Director of the Bureau of Alcohol, Tobacco, and Firearms to reconsider its actions in approving labels and retail distribution of malt beverage products produced with various flavoring materials, including distilled spirits; and for other purposes.

Referred to the Committee on Regulated Beverages.

HR 1283. By Representatives Stephens of the 150th, Day of the 153rd, Skipper of the 137th, Walker of the 141st and Hanner of the 159th:
A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.

2/26/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1283. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stephens District 150

Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1536 HB 1537 HB 1538 HB 1539

HB 1561 HB 1562 HB 1563 HB 1564

HB 1540 HB 1541 HB 1542 HB 1543 HB 1544 HB 1545 HB 1546 HB 1547 HB 1548 HB 1549 HB 1550 HB 1551 HB 1552 HB 1553 HB 1554 HB 1555 HB 1556 HB 1557 HB 1558 HB 1559 HB 1560

WEDNESDAY, FEBRUARY 27, 2002
HB 1565 HB 1566 HB 1567 HB 1568 HB 1569 HB 1570 HB 1571 HB 1572 HR 1221 HR 1222 HR 1224 SB 380 SB 387 SB 388 SB 408 SB 422 SB 429 SB 430 SB 431 SR 600

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Pursuant to Rule 52, Representative Borders of the 177th moved that the following Bill of the House be engrossed:

HB 1558. By Representatives Borders of the 177th, Shaw of the 176th, Buck of the 135th and Black of the 178th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption for certain local development authority projects which are the subject of an interstate competition to attract new or expanded industrial or business operations; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Byrd of the 170th moved that the following Bill of the House be engrossed:

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HB 1565. By Representative Byrd of the 170th:
A BILL to amend Code Section 48-7-29 of the Official Code of Georgia Annotated, relating to income tax credits for rural physicians, so as to change the definition of rural physician and rural hospital for purposes of qualifying for such credit; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Smith of the 103rd moved that the following Resolution of the House be engrossed:

HR 1222. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th:
A RESOLUTION designating the "Ellis Arnall Highway"; and for other purposes.

The motion prevailed.

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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 1516 Do Pass HB 1517 Do Pass HB 1518 Do Pass HB 1520 Do Pass

HB 1524 Do Pass HB 1527 Do Pass HB 1532 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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1135

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

HB 1120 HB 1154 HB 1163 HB 1203 HB 1298 HB 1324 HB 1352 HB 1391 HB 1393 HB 1439 HB 1445 HR 1144

Elections; qualifying period; federal declaration of emergency Local governments; forestry resources, streets, and roads; powers Septic tanks; certified installer and pumper; bonds Superior courts; certain military records; regulations Driver training; schools and instructors; regulate Property insurance; consumer product repair cost; certain exception Physician's assistants; supervision by physician; notification Ad valorem tax; exempt certain fishing vessels; catching of seafood OneGeorgia Authority; transfer to Department of Community Affairs Low-emission and low-speed vehicles; income tax credits Georgia Technology Authority Overview Committee; create Glynn County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1516. By Representative Birdsong of the 123rd:

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A BILL to amend an act providing an annual salary for the judge of the Probate Court of Twiggs County, so as to change the salary of such office; 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 94, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

HB 1517. By Representative Lord of the 121st:
A BILL to amend an Act creating the board of commissioners of Washington County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

HB 1518. By Representative Lord of the 121st:
A BILL to amend an Act to reconstitute the Board of Education of Washington County, so as to revise the districts for the election 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.
On the passage of the Bill, the ayes were 94, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

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1137

HB 1520. By Representative Houston of the 166th:
A BILL to amend an Act creating the Board of Education of Berrien County, so as to change the description of the districts from which members of such board are elected; 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 94, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

HB 1524. By Representative Anderson of the 116th:
A BILL to amend an Act providing for districts for the election of the Board of Education of Burke County, so as to change provisions relating to education districts for the board; 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 94, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

HB 1527. By Representative Lane of the 146th:
A BILL to amend an Act for the election and creation of a board of commissioners for Screven County, so as to provide for the election of members of the board of commissioners of Screven County; to revise the districts for the election of members of the board of commissioners; and for other purposes.

The following amendment was read and adopted:

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Representative Lane of the 146th moves to amend HB 1527 by striking "the" at the end of line 22 on page 1 and striking "School District" on line 23 on page 1.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 94, nays 32.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1532. By Representative Smith of the 175th:
A BILL to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain county officers of Camden 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 94, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 406. By Senators Polak of the 42nd and Lamutt of the 21st:
A BILL to be entitled an Act to amend Code Section 50-29-2 of the Official Code of Georgia Annotated, relating to the authority of public agencies that maintain geographic information systems, so as to authorize the state to sell

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1139

the information maintained in such systems; to make an editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 424. By Senators Gillis of the 20th, Bowen of the 13th, Dean of the 31st and Hooks of the 14th:
A BILL to be entitled an Act to amend Chapter 6 of Title 12, relating to forest resources and other plant life, so as to enact the "Forest Heritage Trust Act of 2002"; to provide a short title; to provide a statement of legislative purpose; to define certain terms; to provide for an advisory role for the State Forestry Commission; to provide for powers and duties of the commission; to provide for the dedication of property as a forest heritage preserve; to provide for the use of forest heritage preserves; to provide for the effect of certain actions on the protected status of property; to repeal conflicting laws; and for other purposes.
SB 438. 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 36-22-4 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Greenspace Trust Fund, so as to provide for an allocation of certain funds; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 500. By Senators Thomas of the 10th, Walker of the 22nd, Butler of the 55th, James of the 35th, Harbison of the 15th and others:
A RESOLUTION expressing support for the construction of a national memorial honoring Dr. Martin Luther King, Jr. in Washington, D.C., and urging the donation of granite from the State of Georgia for use in the construction of such memorial; and for other purposes.
HR 800. By Representative Jamieson of the 22nd:
A RESOLUTION designating the WWII Veterans Memorial Intersection, the Korean War Veterans Memorial Intersection, and the Vietnam Veterans Memorial Intersection; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

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HB 652. By Representatives Dodson of the 94th, West of the 101st, Hudson of the 156th, Shaw of the 176th, Unterman of the 84th and others:
A BILL to provide for a short title and legislative findings and intent; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain surveys of licensees and the reporting of licensee data to the Department of Community Health; and for other purposes.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 126. By Representative Everett of the 163rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that certain persons who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in this state; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 406. By Senators Polak of the 42nd and Lamutt of the 21st:
A BILL to be entitled an Act to amend Code Section 50-29-2 of the Official Code of Georgia Annotated, relating to the authority of public agencies that maintain geographic information systems, so as to authorize the state to sell the information maintained in such systems; to make an editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 424. By Senators Gillis of the 20th, Bowen of the 13th, Dean of the 31st and Hooks of the 14th:
A BILL to be entitled an Act to amend Chapter 6 of Title 12, relating to forest resources and other plant life, so as to enact the "Forest Heritage Trust Act of 2002"; to provide a short title; to provide a statement of legislative

WEDNESDAY, FEBRUARY 27, 2002

1141

purpose; to define certain terms; to provide for an advisory role for the State Forestry Commission; to provide for powers and duties of the commission; to provide for the dedication of property as a forest heritage preserve; to provide for the use of forest heritage preserves; to provide for the effect of certain actions on the protected status of property; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 438. 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 36-22-4 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Greenspace Trust Fund, so as to provide for an allocation of certain funds; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SR 500. By Senators Thomas of the 10th, Walker of the 22nd, Butler of the 55th, James of the 35th, Harbison of the 15th and others:
A RESOLUTION expressing support for the construction of a national memorial honoring Dr. Martin Luther King, Jr. in Washington, D.C., and urging the donation of granite from the State of Georgia for use in the construction of such memorial; and for other purposes.

Referred to the Committee on Rules.

Representative Orrock of the 56th arose to a point of personal privilege and addressed the House.

Representative Skipper of the 137th arose to a point of personal privilege and addressed the House.

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Representative Floyd of the 138th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1439. By Representatives Royal of the 164th, Buck of the 135th, Smith of the 175th, Westmoreland of the 104th and Cox of the 105th:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income tax credits for low and zero emission vehicles; to provide for additional procedures, conditions, and limitations with respect to such credit; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for applicability of certain provisions and requirements with respect to low-speed vehicles; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs 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 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 Gardner Y Golick Y Grasse Y Graves

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

Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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
Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman

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, FEBRUARY 27, 2002

Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston N Howard

Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

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Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R E Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 162, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representatives Connell of the 115th, Pelote of the 149th and Snelling of the 99th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Walker of the 141st assumed the chair.

HB 1154. By Representative Floyd of the 138th:
A BILL to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to redesignate certain provisions of said article; to provide that county governing authorities may by ordinance require notice of certain timber harvesting operations; to prescribe the content of such notice and related procedures; to provide penalties for violations; to prohibit local governing authorities from imposing other notice, bond, or permit requirements for timber harvesting or forest products hauling operations; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to redesignate certain provisions of said article; to provide that county governing authorities may by ordinance require notice of certain timber harvesting operations; to prescribe the content of such notice and related procedures; to provide for certain bonds or letters of credit; to provide penalties for violations; to prohibit local governing authorities from imposing other notice, security, or permit requirements for timber harvesting or forest products hauling operations; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities; to change certain provisions relating to obstructing, encroaching on, or injuring public roads; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, is amended by designating Code Section 12-6-23, relating to wood load ticket required for wood removal, form, and exceptions, as a new Part 1A of said article and by adding to said new part a new Code Section 12-6-24 to read as follows:
"12-6-24. (a) A county governing authority may by ordinance or resolution require all persons or firms harvesting standing timber in any unincorporated or incorporated area of such county for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to provide notice of such harvesting operations to the county governing authority or the designated agent thereof prior to cutting any such timber. (b) Any ordinance or resolution adopted pursuant to subsection (a) of this Code section shall conform to the following requirements:
(1) Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be in such form as prescribed by rule or regulation of the director, and shall consist of:
(A) A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road; (B) A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under Code Section 48-5-7.5;

WEDNESDAY, FEBRUARY 27, 2002

1145

(C) The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and (D) The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber; (2) Notice may submitted in person, by transmission of an electronic record via telefacsimile or such other means as approved by the governing authority, or by mail; (3) The county governing authority may require persons or firms subject to such notice requirement to deliver a bond or letter of credit as provided by this paragraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the county governing authority or its designated agent a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county and any municipality therein against any damage caused by such person or firm in an amount specified by the county governing authority not exceeding $5,000.00 or, at the option of the person or firm harvesting timber, a valid 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 such bond. For purposes of this paragraph, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered; (4) Notice shall be effective for such harvesting operation on such tract upon receipt of the same by the county governing authority or its designated agent and, if applicable, compliance with the requirements of paragraph (3) of this subsection and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the county governing authority or its designated agent within three business days after such change; (5) Notice requirements shall be applicable to any such timber harvested on or after the effective date of the countys ordinance or resolution adopted pursuant to this Code section; and (6) Violation of the notice requirements of any ordinance or resolution adopted pursuant to this Code section shall be punishable by a fine not exceeding $500.00. (c) The director shall promulgate such rules and regulations as are reasonable and necessary for purposes of the standard form required by paragraph (1) of subsection (b) of this Code section. (d) Any county governing authority or designated agent thereof which receives a notice required by ordinance or resolution adopted pursuant to this Code section regarding timber harvesting operations to be conducted in whole or in part within the corporate limits of a municipality shall transmit a copy of such notice to the governing authority of such municipality or the designated agent thereof. (e)(1) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or

1146

JOURNAL OF THE HOUSE

outside this state to provide any notice of or plan or security for such harvesting or hauling of forest products except as provided by this Code section. (2) No county, municipality, or other political subdivision in this state shall require any person or firm harvesting standing timber therein for delivery as pulpwood, logs, poles, posts, or wood chips to any woodyard or processing plant located inside or outside this state to obtain any permit for such harvesting or hauling of forest products, including without limitation any permit for any new driveway in connection with timber harvesting operations; provided, however, that this paragraph shall not otherwise limit the authority of a county or municipality to regulate roads or streets under its jurisdiction in accordance with Title 32."
SECTION 2. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (10) of Code Section 32-4-42, relating to powers of counties, and inserting in lieu thereof the following:
"(10) In addition to the powers specifically delegated to it in this title and except as otherwise provided by Code Section 12-6-24, a county shall have the authority to adopt and enforce rules, regulations, or ordinances; to require permits; and to perform all other acts which are necessary, proper, or incidental to the efficient operation and development of the county road system; and this title shall be liberally construed to that end. Any power vested in or duty placed on a county but not implemented by specific provisions for the exercise thereof may be executed and carried out by a county in a reasonable manner subject to such limitations as may be provided by law; and"
SECTION 3. Said title is further amended by striking paragraph (7) of subsection (a) of Code Section 32-4-92, relating to powers of municipalities, and inserting in lieu thereof the following:
"(7) Except as otherwise provided by Code Section 12-6-24, a A municipality may regulate and control the use of the public roads on its municipal street system and on portions of the county road systems extending within the corporate limits of the municipality. Any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow of traffic and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to Code Section 32-6-2;"
SECTION 4. Said title is further amended by striking Code Section 32-6-1, relating to obstructing, encroaching on, or injuring public roads, and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 27, 2002

1147

"32-6-1. (a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. , and any For purposes of this Code section, the term 'obstruct' shall include without limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the traveling public. (b) Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road incurred by such department or local governing authority, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law, order a person convicted of violating this Code section to make such restitution for the offense. (c) Nothing However, nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the departments authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5, or limit the Department of Transportations ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1."
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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B

Y Mueller O'Neal
Y Orrock Y Parham Y Parrish Y Parsons

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

1148
Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell E Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

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 Manning Y Massey Y McBee Y McCall Y McClinton E McKinney
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 Y Ray Y Reece Y Reed 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 Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R E Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1154 was ordered immediately transmitted to the Senate.

HB 1163. By Representatives Dodson of the 94th, Rogers of the 20th, Powell of the 23rd, Birdsong of the 123rd and Cash of the 108th:
A BILL to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to prohibit a county or municipality from requiring a certified septic tank installer or pumper who has provided a $2,500.00 bond from furnishing a code compliance bond; to provide for a certified septic tank installer or pumper to

WEDNESDAY, FEBRUARY 27, 2002

1149

file a copy of a bond with the county or municipal health department in the political subdivision where the work is being done; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to prohibit a county, municipality, or state agency from requiring a certified septic tank installer or pumper who has provided a $10,000.00 bond from furnishing a code compliance bond; to provide for a certified septic tank installer or pumper to file a copy of a bond with the county or municipal health department in the political subdivision where the work is being done; to exclude bonding requirements involving contracts for public works from these requirements; 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 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new subsection (c) to Code Section 31-2-7, relating to standards for sewage management systems, to read as follows:
"(c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying

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with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holders work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong Y Black
Boggs Y Bordeaux
Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Epps Y Everett Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas

Y Mueller Y O'Neal 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 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
Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman

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, FEBRUARY 27, 2002

Y Greene Y Hammontree Y Hanner Y Harbin
Harrell E Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper Y Smith, B

1151
Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R E Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1298. By Representatives Powell of the 23rd and Parham of the 122nd:
A BILL to regulate driver improvement and training programs and schools; to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing defensive driving course or alcohol or drug program, so as to change certain provisions relating to purpose of said article; to provide for licensing periods; to provide for bonds; to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools; and for other purposes.

The following amendment was read and adopted:

Representatives Parham of the 122nd, Powell of the 23rd and Buck of the 135th move to amend HB 1298 by striking "$100,000.00 $250,000.00" and inserting "$100,000.00" in lieu thereof on line 14 of page 4.
By striking "$200,000.00 $500,000.00" and inserting "$200,000.00" in lieu thereof on line 15 of page 4.
By striking "$20,000.00 $50,000.00" and inserting "$20,000.00" in lieu thereof on line 17 of page 4.

1152

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 Benfield
Birdsong Y Black Y Boggs 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 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
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E 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
Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice
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, 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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 Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R E Wix Y Yates Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, FEBRUARY 27, 2002

1153

HB 1391. By Representative Keen of the 174th:
A BILL to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain commercial fishing vessels whose primary use is the catching of seafood; 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 Benfield Y Birdsong Y Black Y Boggs 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 Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Hudgens Hudson, N
Y Hudson, S Hugley
Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar
Mills Y Mobley Y Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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
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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R E Wix Y Yates
Murphy, Speaker

1154

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1203. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Smyre of the 136th and others:
A BILL to amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to the recordation and index of military service records, so as to provide that certain military records recorded in the superior courts shall be kept under lock; to provide for persons who may review and receive certified copies of such records; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to the recordation and index of military service records, so as to provide that certain military records recorded in the superior courts shall not be subject to public inspection; to provide for confidential treatment of such records; to provide for persons who may review and receive copies of such records; to provide for procedures; to provide for violations and specify penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-72 of the Official Code of Georgia Annotated, relating to the recordation and index of military service records, is amended by inserting at the end thereof the following:
"(c)(1) Any DD 214 record filed pursuant to this Code section shall for a period of 50 years following its filing be exempt from Chapter 18 of Title 50, relating to open records. During that 50 year period, it shall be unlawful for any person to permit inspection of any such record, to disclose information contained in any such record, or to issue a copy of all or any part of such record except as authorized by this subsection or by order of a court of competent jurisdiction. (2) Upon presentation of proper identification, any of the following persons may examine a record filed pursuant to this Code section or obtain free of charge a copy or certified copy of all or part of such record:

WEDNESDAY, FEBRUARY 27, 2002

1155

(A) The person who is the subject of the record; (B) The spouse or next of kin of the person who is the subject of the record; (C) A person named in an appropriate power of attorney executed by the person who is the subject of the record; (D) The administrator, executor, guardian, or legal representative of the person who is the subject of the record; or (E) An attorney for any person specified in subparagraphs (A) through (D) of this paragraph. (3) Records kept pursuant to this Code section shall not be reproduced or used in whole or in part for any commercial or speculative purposes. (4) Any individual, agency, or court which obtains information pursuant to this subdivision shall not disseminate or disclose such information or any part thereof except as authorized in this subsection or otherwise by law. (5) Violation of this subsection shall constitute a misdemeanor and shall be punished by a fine not to exceed $5,000.00; provided, however, that the clerk of the superior court shall not be liable and shall be held harmless for any act of any person who copies, reproduces, or uses records in violation of this subsection."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps

Y Hudgens Y Hudson, N 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 Mueller Y O'Neal 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 Stanley Y Stanley-Turner Y Stephens

1156
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 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ray Y Reece Y Reed 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 Stokes 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, J Y Williams, R E Wix
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.

The Speaker assumed the Chair.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

WEDNESDAY, FEBRUARY 27, 2002 AFTERNOON SESSION

1157

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 1289. By Representatives Purcell of the 147th and Connell of the 115th:
A RESOLUTION recognizing the observance of February 28, 2002, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the community; and for other purposes.

HR 1290. By Representatives Rogers of the 20th, Jamieson of the 22nd and Smith of the 19th:
A RESOLUTION commending Shirley Whitaker; and for other purposes.

HR 1291. By Representatives Floyd of the 138th and James of the 140th:
A RESOLUTION recognizing and commending the Slosheye Trail Big Pig Jig; and for other purposes.

HR 1292. By Representative Rogers of the 20th: A RESOLUTION commending Edward H. Stowers; and for other purposes.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe
Bannister

Y Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudgens Y Hudson, N Y Hudson, S
Hugley Irvin

Mueller Y O'Neal Y Orrock
Parham Y Parrish

Smith, C Smith, C.W Smith, L Y Smith, P Y Smith, T

1158
Y Barnard Barnes
Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Dean Y Deloach, B
Deloach, G Dix Y Dodson E Drenner Dukes Y Ehrhart Epps Y Everett Floyd Y Forster Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Hanner Y Harbin Y Harrell E Heard Heckstall Y Hembree Henson Y Hines Holland Holmes Houston Howard

Y Jackson, B Jackson, L
Y James Jamieson Jenkins
Y Jennings Johnson Jordan Joyce
Y Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Maddox Mangham Y Manning Y Massey Y McBee Y McCall McClinton E McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Parsons Y Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Ragas Randall Y Ray Reece Reed Y Reichert Y Rice Richardson Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Scheid Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Sinkfield Y Skipper Y Smith, B

On the adoption of the Resolutions, the ayes were 104, nays 0. The Resolutions were adopted.

Y Smith, V Smyre Snelling Snow
Y Squires Stallings Stanley Stanley-Turner
Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson Y West
Westmoreland Wiles Wilkinson Y Willard Y Williams, J Y Williams, R E Wix Y Yates Murphy, Speaker

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:

HB 1617. By Representatives Smith of the 169th, Mosley of the 171st, Byrd of the 170th and Tillman of the 173rd:
A BILL to amend Code Section 50-3-4.1 of the Official Code of Georgia Annotated, relating to school superintendents and administrative officials authorized to display copies of national motto and American and Georgia flags in certain places, so as to require the prominent display of the national

WEDNESDAY, FEBRUARY 27, 2002

1159

motto in all governmental buildings and public schools, colleges, and universities in this state; and for other purposes.

Referred to the Committee on Education.

HR 1288. By Representatives Smith of the 169th, Mosley of the 171st, Byrd of the 170th, Boggs of the 168th, Tillman of the 173rd and others:
A RESOLUTION urging support for the national motto of the United States; and for other purposes.

Referred to the Committee on Rules.

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1535 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 1535. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act entitled "Griffin-Spalding County School System," so as to revise the districts for the election of members of the board of education; and for other purposes.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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 1445. By Representatives Powell of the 23rd, Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Royal of the 164th and others:
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 create a Georgia Technology Authority Overview Committee; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Dix Y Dodson E Drenner
Dukes Y Ehrhart
Epps Y Everett
Floyd Forster Y Franklin Y Gardner

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier

Y Mueller Y O'Neal 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 Reichert Y Rice

Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman

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

WEDNESDAY, FEBRUARY 27, 2002

E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Lewis Lord
Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E 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
Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Sinkfield Y Skipper Y Smith, B

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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, J Y Williams, R E Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Reed of the 52nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Forster of the 3rd 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 Speaker Pro Tem assumed the Chair.

HB 1120. By Representatives Day of the 153rd, Stephens of the 150th, Bordeaux of the 151st, Pelote of the 149th and Davis of the 60th:
A BILL to amend Part 2 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to change certain provisions regarding postponement and extension of qualifying; and for other purposes.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner
Dukes Y Ehrhart
Epps Y Everett Y Floyd
Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E 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
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid E 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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

Representatives Forster of the 3rd 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.

WEDNESDAY, FEBRUARY 27, 2002

1163

HB 1393. By Representatives Royal of the 164th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th, Porter of the 143rd and others:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to transfer the OneGeorgia Authority from the Department of Industry, Trade, and Tourism to the Department of Community Affairs; to change certain provisions regarding duties of the Department of Community Affairs; to change certain provisions relating to contracts with public and private individuals and entities; 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
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Callaway Y Campbell Y Cash Y Channell
Childers Y Coan

Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Y Ehrhart Epps Y Everett Floyd Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Hanner Y Harbin Y Harrell E Heard Heckstall Y Hembree Y Henson

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey
McBee Y McCall Y McClinton E McKinney

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Poag Y Porter Y Powell Y Purcell Y Ragas Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Sanders Y Scheid E 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J

1164
Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hines Y Holland Y Holmes Y Houston
Howard

Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B

Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

HB 1324. By Representatives Shaw of the 176th, Lord of the 121st, Dodson of the 94th, Harbin of the 113th and Golick of the 30th:
A BILL to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide an exception for retailers that sell consumer products and wholly owned subsidiaries of such retailers that assume the risk of an expense or portion thereof for the cost of repair or replacement of such consumer products under 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:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brooks

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Ehrhart Epps Y Everett Y Floyd

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen

Y Mueller Y O'Neal 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

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor

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

WEDNESDAY, FEBRUARY 27, 2002

Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

1165
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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative 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.

HR 1144. By Representatives Tillman of the 173rd, Smith of the 169th, Mosley of the 171st, Coleman of the 142nd, Keen of the 174th and others:
A RESOLUTION conveying certain state owned real property located in Glynn County, including easements for use and access over certain state owned property located in Glynn County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe

Y Cox Y Crawford Y Cummings Y Davis

Y Hudgens Y Hudson, N
Hudson, S Y Hugley

Y Mueller Y O'Neal Y Orrock Y Parham

Y Smith, C Smith, C.W
Y Smith, L Y Smith, P

1166
Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Day Dean
Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

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 Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parrish Y Parsons
Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Smith of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1352. By Representative Childers of the 13th:
A BILL to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, acupuncture, and respiratory care, so as to provide for the supervision of physician's assistants by a physician; to provide definitions; to require notice to the Composite State Board of Medical Examiners of the names of physicians who serve as

WEDNESDAY, FEBRUARY 27, 2002

1167

alternate supervising physicians for each physician's assistance; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1352 by striking line 6 of page 1 and inserting in its place the following:
"matters; to provide for an effective date; to repeal conflicting laws; and for other purposes."
By inserting between lines 3 and 4 of page 3 the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse

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 Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs

1168
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 Graves Y Greene
Hammontree Y Hanner Y Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton E McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid E Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1482 Do Pass HB 1490 Do Pass

SB 391 Do Pass SB 409 Do Pass

Respectfully submitted, /s/ Lucas of the 124th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

WEDNESDAY, FEBRUARY 27, 2002

1169

The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 100. By Senators Thompson of the 33rd, Bowen of the 13th and Thomas of the 2nd:
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, payment to the surviving spouse, the effect of reemployment, the effect of changes in retirement benefits, and payment on the death of a member under the Peace Officers Annuity and Benefit Fund, so as to provide that the retirement benefits of a member of such fund who retired with at least 30 years of creditable service shall not be affected if such member returns to service as a peace officer; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

SB 100. By Senators Thompson of the 33rd, Bowen of the 13th and Thomas of the 2nd:
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, payment to the surviving spouse, the effect of reemployment, the effect of changes in retirement benefits, and payment on the death of a member under the Peace Officers Annuity and Benefit Fund, so as to provide that the retirement benefits of a member of such fund who retired with at least 30 years of creditable service shall not be affected if such member returns to service as a peace officer; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

The following communications were received:

1170

JOURNAL OF THE HOUSE
Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505

February 27, 2002

The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the February 26, 2002 Special Election for the Office of State Representative in the General Assembly of Georgia from District 85, all as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Sincerely, /s/ Cathy Cox
Secretary of State
CC:LWB:bt
Enclosure

State of Georgia Office of Secretary of State
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 26th day of February, 2002, in District 85 of the State House of Representatives in a portion of Forsyth and Gwinnett Counties, to fill the vacancy existing due to the resignation of the Honorable Bobby Reese.

WEDNESDAY, FEBRUARY 27, 2002

1171

Having received a majority of the votes cast, Michael D. Muntean was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 27th day of February, in the year of our Lord Two Thousand and Two and of the Independence of the United States of America the Two Hundred and Twenty-sixth.

(SEAL)

/s/ Cathy Cox Secretary of State

Official Results of Special Election

February 26, 2002 Special Election - House District 85

Greg "Spock" Alspach Michael D. Muntean Glen Wendt

FORSYTH 35 347 113

GWINNETT 115 622 333

TOTAL 150 969 446

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Thursday, February 28, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. D. Scott Weimer, Pastor, North Avenue Presbyterian 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.

THURSDAY, FEBRUARY 28, 2002

1173

The following communication was received:
OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Michael D. Muntean State Representative
Sworn to and subscribed before me, this 28th day of February, 2002.
/s/ Richard T. Winegarden Judge, Gwinnett Superior Court
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 1607. By Representatives Gardner of the 47th, McBee of the 88th, Henson of the 65th, Skipper of the 137th, Harbin of the 113th 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 provide for reviews of denials of health benefit claims for employees of the board of regents; 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 require the promulgation of rules and regulations to entitle employees

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JOURNAL OF THE HOUSE
covered by the state employees' health insurance plan to an administrative review and a review by an independent review organization of the denial of a health benefit claim; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1608. By Representatives Wiles of the 34th, Hines of the 38th, Ehrhart of the 36th, Franklin of the 39th, Collins of the 29th and others:
A BILL to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1609. By Representatives Wiles of the 34th, Ehrhart of the 36th, Johnson of the 35th, Cooper of the 31st, Kaye of the 37th 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 provide for the salaries of the tax commissioner and the chief clerk to the tax commissioner; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1610. By Representatives Barnard of the 154th, Snow of the 2nd, Coleman of the 142nd, Jamieson of the 22nd, Powell of the 23rd and others:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for reporting by courts and compilation by the Department of Motor Vehicle Safety of the amount of speeding fines imposed in certain cases; to provide that the uniform traffic citation form shall include provisions for collecting the information necessary for such reporting and compilation; and for other purposes.

Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 28, 2002

1175

HB 1611. By Representatives Roberts of the 162nd and Dukes of the 161st:
A BILL to create the City of Albany and Albany State University Stadium Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1612. By Representatives Shanahan of the 10th, Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A BILL to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplement to be paid to each judge and to the district attorney of such circuit; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1613. By Representatives Twiggs of the 8th and Parham of the 122nd:
A BILL to provide for operation of off-road vehicles on certain unpaved highways and insurance, registration, titling, and equipment requirements, related thereto; to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, so as to redefine a term; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1614. By Representatives Bridges of the 9th, Everett of the 163rd, Birdsong of the 123rd, Poag of the 6th, Squires of the 78th and others:

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A BILL to amend Code Section 40-2-85.1 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for veterans, so as to provide that veterans' tags may be issued to a business in which a qualified veteran has an ownership interest if the business provides a vehicle for use by the veteran; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1615. By Representatives Amerson of the 7th and Poag of the 6th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Fannin County, so as to change the provisions relating to the compensation of the members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1616. By Representative Floyd of the 138th:
A BILL to amend Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Surface Mining Act of 1968," so as to change the definition of surface mining; to change the provisions relating to borrow pits; and for other purposes.

2/28/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1616. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Floyd District 138

Referred to the Committee on Natural Resources & Environment.

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HB 1618. By Representative Hanner of the 159th:
A BILL to amend an Act creating a Board of Commissioners of Terrell County, so as to reapportion the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1619. By Representatives Epps of the 131st and Holland of the 157th:
A BILL to amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to define certain terms; to provide that a notary public shall have personal knowledge or evidence of the identity of the person whose signature he or she notarizes; to require a notary public to maintain a journal of notarial acts; and for other purposes.
Referred to the Committee on Judiciary.
HB 1620. By Representative Parham of the 122nd:
A BILL to amend Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Military College, so as to change certain provisions relating to powers of the board of trustees; to change certain provisions relating to management vested in the board of trustees; to amend Part 5 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to armories and other facilities, so as to provide for the duty of the Department of Defense to provide for operation of a military junior college and an affiliated college preparatory academy; and for other purposes.
Referred to the Committee on Higher Education.
HB 1621. By Representatives Powell of the 23rd, Hudson of the 156th, Murphy of the 18th and Skipper of the 137th:

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A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for additional requirements with respect to affixing tax stamps on cigarettes; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Attorney General and the state revenue commissioner; and for other purposes.

2/27/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1621. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Powell District 23

Referred to the Committee on Industry.

HR 1285. By Representatives Davis of the 60th and Bannister of the 77th:
A RESOLUTION designating the Chesley V. Morton Interchange; and for other purposes.

Referred to the Committee on Transportation.

HR 1286. By Representatives Black of the 178th and Borders of the 177th:
A RESOLUTION designating the Staff Sgt. Avely W. Runnels Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

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HR 1287. By Representative Jackson of the 148th:
A RESOLUTION authorizing the conveyance of certain state owned real property or real property interest located in Chatham County; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 1293. By Representatives Smith of the 19th, Snow of the 2nd, Joyce of the 1st, Reece of the 11th, Brooks of the 54th and others:
A RESOLUTION urging President George W. Bush and federal agencies to assist Governor Roy Barnes to obtain federal assistance in coping with the emergency situation involving Tri-State Crematory in Walker County; 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 1573 HB 1574 HB 1575 HB 1576 HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1582 HB 1583 HB 1584 HB 1585 HB 1586 HB 1587 HB 1588 HB 1589

HB 1595 HB 1596 HB 1597 HB 1598 HB 1599 HB 1600 HB 1601 HB 1602 HB 1603 HB 1604 HB 1605 HB 1606 HB 1617 HR 1227 HR 1283 HR 1288 SB 100

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HB 1590 HB 1591 HB 1592 HB 1593 HB 1594

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SB 406 SB 424 SB 438 SR 500

Pursuant to Rule 52, Representative Stephens of the 150th moved that the following Resolution of the House be engrossed:

HR 1283. By Representatives Stephens of the 150th, Day of the 153rd, Skipper of the 137th, Walker of the 141st and Hanner of the 159th:
A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.

The motion prevailed.

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1208 Do Pass HB 1280 Do Pass

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:

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1181

Mr. Speaker:

Your Committee on Health and Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1344 Do Pass HB 1400 Do Pass, by Substitute

HB 1413 Do Pass, as Amended HR 1224 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1040 Do Pass

Respectfully submitted, /s/ Byrd of the 170th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1140 Do Pass HB 1162 Do Pass, by Substitute HB 1329 Do Pass, by Substitute

HB 1538 Do Pass HR 27 Do Pass, by Substitute

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Respectfully submitted, /s/ Hudson of the 156th
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 1218 Do Pass HR 1225 Do Pass

HR 1228 Do Pass HR 1230 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1228 Do Pass HB 1487 Do Pass HB 1534 Do Pass HB 1541 Do Pass HB 1543 Do Pass HB 1546 Do Pass HB 1549 Do Pass HB 1550 Do Pass, by Substitute

HB 1551 Do Pass HB 1552 Do Pass HB 1553 Do Pass HB 1555 Do Pass HB 1566 Do Pass HR 1077 Do Pass

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1183

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 Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1284 Do Pass HR 600 Do Pass

HR 1116 Do Pass HR 1215 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 THURSDAY, FEBRUARY 28, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

HB 1062 HB 1064 HB 1184 HB 1213 HB 1220 HB 1314

Cruelty to children in second degree; add nonmerger provision Probate court judges; eligibility requirements; certain counties Motor vehicle safety; forms; amend provisions Elections and primaries; amend provisions Securities; regulate viatical investments Motor vehicle registration; suspension, cancellation, revocation; amend

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HB 1321 HB 1421
HB 1434 HB 1441 HB 1521

provisions Bona fide agricultural property; preferential assessment; certain owners Certain counties; superior court clerk; repeal Act providing additional compensation Income tax and Higher Education Savings Plan; amend provisions Insurance premium tax credits; certified capital companies; provisions Sales tax exemption; Georgia State Society of the Daughters of the American Revolution

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1550. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; to remove certain limitations on the use of such clerical allowance funds; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), so as to increase the clerical allowance for the tax commissioner; to remove certain limitations on the use of such clerical allowance funds; 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:

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1185

SECTION 1. An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4236), is amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"SECTION 5. The compensation of the tax commissioner of Catoosa County, as full compensation for any and all duties performed by the tax commissioner as receiver and collector of school district and school bond taxes and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of $6,000.00 per annum, to be paid in equal semimonthly installments. In addition to said $6,000.00 annual salary, the tax commissioner shall, when acting as ex officio sheriff, be entitled to an additional salary of $200.00 per month, as provided for in subsection (c) of Code Section 48-5-137 of the O.C.G.A. There shall also be paid to the tax commissioner, but not as personal funds of the tax commissioner, the sum of $210,800.00 per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all state, professional, and special taxes and on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, which total taxes due shall include, without being limited to, those motor vehicle taxes listed in said digest. Said commissioner shall be entitled to a commission of 10 percent of all collections in excess of 90 percent of the total taxes due according to the tax net digest, and said commissioners entitlement thereto shall be unaffected by any salary limitation set forth in paragraph (3) of subsection (c) of Code Section 48-5-180 of the O.C.G.A. Said tax commissioner shall also be entitled to the fees now allowed tax commissioners for motor vehicle license tags and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. Said tax commissioner shall also be entitled to the commission now allowed tax collectors on intangible taxes pursuant to Code Section 48-6-73 of the O.C.G.A. All commissions due to said tax commissioner for school taxes, school bond taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer that the fifth degree of consanguinity or affinity. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county."
SECTION 2. This Act shall become effective on January 1, 2003.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E 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 Gardner E Golick Y Grasse 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
Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Randall Y Ray Y Reece Reed 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
Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 0.

THURSDAY, FEBRUARY 28, 2002

1187

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1228. By Representatives Stallings of the 100th, West of the 101st and Snelling of the 99th:
A BILL to amend an Act providing a new charter for the City of Villa Rica, so as to change the description of the wards for the election of members of the council; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1487. By Representatives Manning of the 32nd, Parsons of the 40th, Johnson of the 35th, Ehrhart of the 36th, Wix of the 33rd and others:
A BILL to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to composition of county boards of health, so as to revise and change the population and census application of certain provisions regarding exofficio members; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1534. By Representative Channell of the 111th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to revise the districts for the election 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.

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HB 1541. By Representatives Golick of the 30th, Parsons of the 40th, Wix of the 33rd, Manning of the 32nd, Hines of the 38th and others:
A BILL to amend an Act entitled "An Act to create the Cobb CountyMarietta Water Authority," so as to repeal certain provisions relating to certain purchases and sales by the authority and the bonding of contractors; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1543. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A BILL to amend an Act providing for the Board of Education of Bartow County, so as to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1546. By Representative Smith of the 102nd:
A BILL to create a board of elections and registration for Harris County and provide for its powers and duties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1549. By Representative Royal of the 164th:
A BILL to amend an Act providing for a Board of Commissioners of Mitchell County, so as to reconstitute the board of commissioners; to change the description of the commission districts; and for other purposes.

THURSDAY, FEBRUARY 28, 2002

1189

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1551. By Representative Hudgens of the 24th:
A BILL to amend an Act creating the board of commissioners of Madison County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1552. By Representative Hudgens of the 24th:
A BILL to provide a homestead exemption from City of Colbert ad valorem taxes for municipal purposes in the amount of $12,000.00 of the assessed value of the homestead for each resident of the City of Colbert, which is in lieu of and not in addition to any other homestead exemption applicable to City of Colbert ad valorem taxes for municipal purposes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1553. By Representative Hudgens of the 24th:
A BILL to amend an Act creating a board of education of Madison County, so as to revise the districts for the election 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.

HB 1555. By Representatives Floyd of the 138th and James of the 140th:

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A BILL to amend an Act establishing the membership of the Board of Education of Dooly County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1566. By Representative Lane of the 146th:
A BILL to provide for the election of members of the board of education of Screven County; to revise the districts for the election 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.

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 Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford

Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Randall Y Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L

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
Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman

Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 28, 2002

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

Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper

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Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bills, the ayes were 153, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 1077. By Representatives Drenner of the 66th, Turnquest of the 73rd, Benfield of the 67th, Stokes of the 92nd, Borders of the 177th and others:
A RESOLUTION urging the Board of Commissioners of DeKalb County and the Board of Commissioners of Fulton County to pursue sustainable energy and establish pilot projects to produce energy from resources available at county landfills; 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 Benfield

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster

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

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Y Birdsong Y Black Y Boggs
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
Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

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Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse 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

Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Poag Y Porter Y Powell Y Purcell
Ragas Randall Y Ray Y Reece Reed 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

Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1510 Do Pass

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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 has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 443. By Senator Guhl of the 45th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 728. By Representatives Porter of the 143rd, Ray of the 128th, Floyd of the 138th, Purcell of the 147th, Parham of the 122nd and others:
A BILL to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change certain provisions relating to regulation of tractor or farm equipment manufacturers, distributors, and dealers; to define certain terms; to regulate sales of certain tractors or farm equipment; to regulate the establishment and relocation of dealerships; and for other purposes.
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

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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.
HB 1048. By Representatives Keen of the 174th, Buck of the 135th, DeLoach of the 172nd, Tillman of the 173rd and Mueller of the 152nd:
A BILL to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to shore protection, so as to provide that it shall be a violation to operate a motor vehicle over sand dunes or to store certain watercraft on sand dunes; and for other purposes.
HB 1057. By Representatives Lane of the 146th, Morris of the 155th, Mosley of the 171st, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to provide for the permissible possession of crabs lawfully taken from the waters of another state; to require certain proof of the point of origin; to provide that it shall be unlawful to take or possess a female blue crab bearing visible eggs; and for other purposes.
HB 1059. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum size limits for certain finfish species, so as to provide for a maximum legal size of red drum; and for other purposes.
HB 1066. By Representatives Powell of the 23rd, Skipper of the 137th, Reichert of the 126th, Westmoreland of the 104th, Orrock of the 56th and others:
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 a limitation on the liability of certified child safety passenger technicians and sponsoring organizations; and for other purposes.
HB 1078. By Representatives Hugley of the 133rd, Heard of the 89th, Lord of the 121st, Stanley of the 49th and Taylor of the 134th:
A BILL to amend Chapter 26 of Title 33 of the Official Code of Georgia Annotated, relating to industrial life insurance, so as to provide that

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policyholders who are 65 years of age and older shall have the option to provide an additional contact person who shall be notified by the insurer prior to the lapse, termination, or cancellation of any industrial life insurance policy in the same manner as the policyholder; and for other purposes.
HB 1108. By Representatives McCall of the 90th, Hanner of the 159th, Murphy of the 18th and Wix of the 33rd:
A BILL to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources relative to the Georgia Motor Vehicle Emission Inspection and Maintenance Act, designation of the commissioner of natural resources or director of the Environmental Protection Division as the board's agent, and the duties of the director, so as to further describe a certain power; and for other purposes.
HB 1166. By Representative Bridges of the 9th:
A BILL to provide for a homestead exemption from certain Habersham 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 1359. By Representative Shaw of the 176th:
A BILL to amend an Act creating a new board of education of Lanier County, so as to revise the education districts for the election of members of the board of education; and for other purposes.
HB 1360. By Representative Shaw of the 176th:
A BILL to amend an act creating a board of commissioners for Lanier County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1362. By Representative Cox of the 105th:
A BILL to provide a new city charter for Peachtree City; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

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HB 1021. By Representatives Day of the 153rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Rogers of the 20th and others:
A BILL to provide a short title; to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to repeal certain provisions regarding river and harbor development; to provide for the regulation of maintaining navigation inlets, harbors, and rivers; and for other purposes.
The Senate has passed, by substitute, by the requisite constitutional majority, the following bill of the House:
HB 498. By Representatives Murphy of the 18th, Heard of the 89th, McBee of the 88th and Epps of the 131st:
A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and substance abuse boards and planning units and to transfer functions and duties to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 949. By Representative Cummings of the 27th:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

SB 443. By Senator Guhl of the 45th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation

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in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1218. By Representative Ray of the 128th:
A RESOLUTION recognizing the observance of Family/Friend Kindness Day and inviting ther seventh and eighth grade gifted students at Fort Valley Middle School to appear before the House of Representatives; and for other purposes.

HR 1225. By Representatives Lucas of the 124th, Randall of the 127th, Reichert of the 126th, Birdsong of the 123rd, Graves of the 125th and others:
A RESOLUTION welcoming citizens and public officials from Macon and Bibb County, recognizing the 2002 Cherry Blossom Festival, and inviting the mayor and council of the City of Macon, the members of the Board of Commissioners of Bibb County, the Keep Macon-Bibb Beautiful Commission, and the Cherry Blossom Festival Board are invited to appear before this body; and for other purposes.
HR 1228. By Representatives Turnquest of the 73rd, Heard of the 89th, Watson of the 70th and Smyre of the 136th:
A RESOLUTION honoring the Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of Georgia and the Order of the Eastern Star and inviting the members to appear before the House of Representatives; and for other purposes.
HR 1230. By Representative Bell of the 25th:
A RESOLUTION congratulating the Jefferson High School Varsity

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Wrestling Team and inviting the team and coaches to appear before the House of Reresentatives; and for other purposes.

The following Resolution of the House was read:

HR 1294. By Representatives Walker of the 141st, Skipper of the 137th, Westmoreland of the 104th, Ehrhart of the 36th, Smyre of the 136th and others

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 Friday, March 1, 2002, and shall reconvene on Thursday, March 7, 2002.
BE IT FURTHER RESOLVED that the General Assembly shall adjourn at the close of the legislative day on Friday, March 8, 2002, and shall reconvene on Monday, March 18, 2002.
BE IT FURTHER RESOLVED that for the remainder of the 2002 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on any Friday on which the General Assembly is in session and reconvene on the following Monday.
BE IT FURTHER RESOLVED that the hours for closing and convening the Senate on each such day shall be as ordered by the Senate and the hours for closing and convening the House on each such day shall be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G N Dix

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson

Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster

Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling

Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan
Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse 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 Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills
Mobley Y Morris
Mosley

Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Sims Y Sinkfield Y Skipper

On the adoption of the Resolution, the ayes were 147, nays 5. The Resolution was adopted.

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Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
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
Williams, J E Williams, R Y Wix
Yates Murphy, Speaker

Representatives Ray of the 128th and Smith of the 169th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1064. By Representatives Walker of the 141st, O'Neal of the 139th, Ray of the 128th and Floyd of the 138th:
A BILL to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to change provisions relating to additional eligibility requirements for the office of

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judge of the probate court in certain counties; to change the size of the counties in which such additional requirements shall be applicable; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to change provisions relating to additional eligibility requirements for the office of judge of the probate court in certain counties; to change the applicability of such additional requirements; to provide for continuing eligibility of judges holding office at a certain time; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, is amended by striking Code Section 15-9-4, relating to additional eligibility requirements for the office of judge of the probate court in certain counties, and inserting in its place a new Code section to read as follows:
"15-9-4. (a) No person elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law. (b) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 96,000 persons according to the United States decennial census of 1990 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no person shall be judge of the probate court unless at the time of election, in addition to the qualifications required by law, he or she has attained the age of 30 years and has been admitted to practice law for seven years preceding election. (c) A judge of the probate court holding such office on July 1, 1994, June 30, 2002, shall continue to hold such office and shall be allowed to seek reelection for such office."
SECTION 2. This Act shall become effective July 1, 2002.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and adopted:

Representative Walker of the 141st moves to amend the Committee substitute to HB 1064 as follows:
By changing the figure "2002" on line 23, page 1, to "2000" and by adding a new sentence at the end of line 24, page 1, to read as follows:
"Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck
Buckner Y Bulloch

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse

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 Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall
Ray Y Reece
Reed Y Reichert Y Rice Y Richardson

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest

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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

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Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Lucas Lunsford
Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton E McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

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 Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J E Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Birdsong of the 123rd 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.

HB 1441. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding assignment of corporate income tax credits; to provide for state insurance premium tax credits with respect to certified capital companies; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Office of Treasury and Fiscal Services; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding assignment of corporate income tax

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credits; to provide for state insurance premium tax credits with respect to certified capital companies; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Office of Treasury and Fiscal Services; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-7-42, relating to assignment of corporate income tax credits, and inserting in its place a new Code Section 48-7-42 to read as follows:
"48-7-42. (a) As used in this Code section, the term 'affiliated entity' means:
(1) A corporation that is a member of the taxpayers 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code; or (2) An entity affiliated with a corporation, business, partnership, or limited liability company taxpayer, which entity:
(A) Owns or leases the land on which a project is constructed; (B) Provides capital for construction of the project; and (C) Is the grantor or owner under a management agreement with a managing company of the project. (b) In lieu of claiming any Georgia income tax credit for which a taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayers precredit income tax liability), the taxpayer may elect to assign such credit in its entirety to another affiliated entity whole or in part to one or more affiliated entities for such taxable year by attaching a statement to the taxpayers return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. In the case of any credit that must be claimed in installments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayers state income tax return for such taxable year. Once made, an election under this subsection shall be irrevocable. (c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its return identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. (d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused

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portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself, and also shall be permitted to assign such carryover to another affiliated entity one or more affiliated entities, as if such carryover were an income tax credit for which the assignor became eligible in the taxable year in which the carryover was transferred back to the assignor. (e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit."
SECTION 2. Said title is further amended by adding a new chapter at the end thereof, to be designated Chapter 18, to read as follows:
"CHAPTER 18
48-18-1. As used in this chapter, the term:
(1) 'Affiliate' of a certified capital company or insurance company means: (A) Any person, directly or indirectly, who is beneficially owning, whether through rights, options, convertible interests, or otherwise, controlling, or holding power to vote 15 percent or more of the outstanding voting securities or other voting ownership interests of the certified capital company or insurance company, as applicable; (B) Any person 15 percent or more of whose outstanding voting securities or other voting ownership interests are, directly or indirectly, beneficially owned, whether through rights, options, convertible interests, or otherwise, controlled, or held with power to vote by the certified capital company or insurance company, as applicable; (C) Any person, directly or indirectly, controlling, controlled by, or under common control with the certified capital company or insurance company, as applicable; (D) A partnership or limited liability company in which the certified capital company or insurance company, as applicable, is a general partner, manager, or managing member, as the case may be; or (E) Any person who is an officer, director, employee, or agent of the certified capital company or insurance company, as applicable, or an immediate family member of such officer, director, employee, or agent.
(2) 'Allocation date' means the date on which the certified investors of a certified capital company are allocated certified capital by the department pursuant to Code Section 48-18-4. (3) 'Certified capital' means an investment of cash by a certified investor in a certified capital company which fully funds the purchase price of an equity interest in the certified capital company or a qualified debt instrument issued by the certified capital company.

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(4) 'Certified capital company' means a partnership, corporation, trust, or limited liability company, whether organized on a profit or not for profit basis, that has as its primary business activity the investment of cash in qualified businesses and that is certified by the department as meeting the criteria of this law. (5) 'Certified investor' means any insurance company that contributes certified capital pursuant to an allocation of tax credits under Code Section 48-18-4. (6) 'Department' means the Office of Treasury and Fiscal Services. (7) 'Person' means any natural person or entity, including a corporation, general or limited partnership, trust, or limited liability company. (8) 'Qualified business' means a business that meets all of the following conditions as of the time of a certified capital companys first investment in the business:
(A) Is headquartered and has its principal business operations located in this state; (B) Is a small business concern as defined in Section 121.301(c) of the small business size regulations of the U.S. Small Business Administration, 13 CFR 121.301(c); (C) Has fewer than 200 employees and at least 75 percent of the employees are employed in the state; and (D) Is not predominantly engaged in professional services provided by accountants, lawyers, or predominantly engaged in retail sales or the selling of real estate. (9) 'Qualified debt instrument' means a debt instrument issued to a certified investor by a certified capital company, at par value or a premium, with an original maturity date of at least five years from date of issuance and a repayment schedule that is no faster than a level principal amortization over five years and that contains no interest, distribution, or payment features that are related to the profitability of the certified capital company or the performance of the certified capital companys investment portfolio until such time as the certified capital company is permitted to make distributions other than qualified distributions under Code Section 48-18-6. (10) 'Qualified distribution' means any distribution or payment by a certified capital company in connection with any of the following: (A) Reasonable costs and expenses of forming, syndicating, and organizing the certified capital company, including reasonable and necessary fees paid for professional services, including, but not limited to, legal and accounting services, related to the formation of the certified capital company, and the cost of financing and insuring the obligations of the certified capital company; (B) Reasonable costs and expenses of managing and operating the certified capital company, including an annual management fee in an amount that does not exceed 2 1/2 percent of certified capital; except that no such cost or expense shall be paid to a certified investor or affiliate of a certified investor and that such costs and expenses in the aggregate shall not exceed 5 percent of certified capital in any one year; (C) Reasonable and necessary fees in accordance with industry custom for professional services, including, but not limited to, legal and accounting services, related to the operation of the certified capital company; and

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(D) Any projected increase in federal or state taxes of the equity owners of a certified capital company resulting from the earnings or other tax liability of the certified capital company to the extent that the increase is related to the ownership, management or operation of a certified capital company or issuance, repayment, or redemption of qualified debt instruments of the certified capital company. (11) 'Qualified investment' means the investment of cash by a certified capital company in a qualified business for the purchase of any debt, debt participation, equity, or hybrid security, of any nature and description whatsoever, including a debt instrument or security which has the characteristics of debt but which provides for conversion into equity or equity participation instruments such as options or warrants. (12) 'Qualified technology business' means a qualified business: (A) That is either less than two years old at the time of the initial investment in such business by a certified capital company, or that had, together with its affiliates, less than $3 million in annual revenue for the fiscal year immediately preceding the fiscal year of such investment on a consolidated basis in conformance with generally accepted accounting principles; and (B) That is engaged on the date of such investment in development or offering of products or services involving:
(i) Biotechnology; (ii) The industrial use of microorganisms or biological techniques; (iii) Biomedical engineering and the use of engineering technology, instrumentation, and methods to solve medical problems; (iv) Pharmacology; (v) The uses and manufacture of drugs; (vi) Pharmaceutical research, development, and testing; or (vii) Bioagriculture. (13) 'State premium tax liability' means any state insurance premium tax liability incurred by an insurance company under the provisions of Code Sections 33-8-4 and 33-8-5. (14) 'Tax credit' means the credit against state premium tax liability which is earned by a certified investor in connection with an investment of certified capital in a certified capital company pursuant to this chapter. (15) 'Tax credit allocation claim' means a claim for allocation of tax credits prepared and executed by an insurance company on a form provided by the department and filed by a certified capital company with the department. The form shall include an affidavit of the insurance company pursuant to which such insurance company shall become legally bound and irrevocably committed to make an investment of certified capital in a certified capital company in the amount allocated (even if such amount is less than the amount of the claim), subject only to the receipt of an allocation pursuant to Code Section 48-18-4.

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48-18-2. (a) The director of the department shall establish by rule or regulation the procedures for making an application to become a certified capital company. The applicant shall pay a nonrefundable application fee of $7,500.00 at the time of filing the application with the department. (b) A certified capital companys equity capitalization from the time of seeking certification through the date of receipt of an allocation of certified capital must be $500,000.00 or more and must be in the form of unencumbered cash, marketable securities, or other liquid assets. (c) The department shall review the organizational documents of each applicant for certification and the business history of the applicant and shall determine that the applicants cash, marketable securities, and other liquid assets are at least $500,000.00. As part of its application, each applicant shall submit to the department its balance sheet, audited with an unqualified opinion of a firm of independent certified public accountants, of a date no more than 35 days prior to the date of the application. (d) The department shall verify that at least two principals of the certified capital company or at least two persons employed or engaged to manage the funds of the certified capital company have not less than two years of experience in the venture capital industry. (e) The certified capital company shall certify that within 60 days of the investment of certified capital in the certified capital company, at least one of such principals or managers of the certified capital company shall be primarily located in an office of the certified capital company which is based in this state. (f) Any offering material involving the sale of securities of the certified capital company shall include the following statement:
'By authorizing the formation of a certified capital company, the state does not necessarily endorse the quality of management or the potential for earnings of such company and is not liable for damages or losses to a certified investor in the company. Use of the word "certified" in an offering does not constitute a recommendation or endorsement of the investment by the Office of Treasury and Fiscal Services. In the event applicable provisions of this law are violated, the state may require forfeiture of unused tax credits and repayment of used tax credits.' (g) Within 60 days of application, the department shall issue the certification or shall refuse the certification and communicate in detail to the applicant the grounds for the refusal, including suggestions for the removal of those grounds. If an applicant submits an amended application within 30 days of receipt of refusal by the department, the department shall have 30 days from the receipt of such amended application by which to communicate its approval or refusal of such amended application to the applicant. The department shall review and approve or reject applications in the order submitted, and in the event more than one application is received by the department on any date, all such applications shall be reviewed and approved simultaneously, except in the case of incomplete applications or applications for which additional information is requested

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by the department and is not supplied by the applicant within the allowable time limits established by the department. (h) No insurance company or any affiliate of an insurance company shall, directly or indirectly, own whether through rights, options, convertible interests, or otherwise 15 percent or more of the voting equity interests of or manage a certified capital company or control the direction of investments for a certified capital company. This provision shall not preclude a certified investor, insurance company, or any other person from:
(1) Exercising its legal rights and remedies which may include interim management of a certified capital company in the event that a certified capital company is in default of its statutory obligations or its contractual obligations to a certified investor, insurance company, or other person; or (2) Establishing controls to ensure that the certified capital company satisfies the requirements of subsections (a) and (f) of Code Section 48-18-5. (i) A certified capital company may obtain a guaranty, indemnity, bond, insurance policy, or other payment undertaking for the benefit of its certified investors from any entity; provided that, in no case shall more than one certified investor of such certified capital company or affiliates of such certified investor be entitled to provide such guaranty, indemnity, bond, insurance policy, or other payment undertaking in favor of the certified investors of the certified capital company and its affiliates in this state.
48-18-3. (a) Any certified investor who makes an investment of certified capital pursuant to an allocation of tax credits under Code Section 48-18-4 shall, in the year of investment, earn a vested credit against state premium tax liability equal to 100 percent of the certified investors investment of certified capital. After July 1, 2005, a certified investor shall be entitled to take up to 10 percent of such vested tax credits in any taxable year to reduce the certified investors state premium tax liability for such taxable year of the certified investor, plus up to 10 percent of the original amount of any tax credits some or all of which was carried forward unused pursuant to subsection (b) of this Code section; provided, however, that in the event that a certified investor is unable under the provisions of this Code section to utilize the full 10 percent allowable under the provisions of this subsection for a taxable year, the remainder of such 10 percent may be taken in a future tax year without regard to the annual limitations of this subsection. (b) The tax credit that may be applied against state premium tax liability in any one year may not exceed the state premium tax liability of the certified investor for such taxable year. All unused tax credits against state premium tax liability may be carried forward indefinitely and used in any subsequent year until the tax credits are utilized in full. (c) A certified investor shall not be required to reduce the amount of tax liability included with respect to its state premium tax liability in connection with ratemaking for any insurance contract written in this state because of a reduction in the certified

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investors actual state premium tax liability as a result of tax credits allowed under this chapter. (d) If the taxes paid by a certified investor with respect to its state premium tax liability constitute a credit against any other tax which is imposed by this state, the certified investors credit against such other tax shall not be reduced by virtue of the reduction in the certified investors state premium tax liability as a result of tax credits allowed under this chapter. (e) A certified investor shall not be subject to additional or retaliatory tax as a result of claiming tax credits allowed under this chapter.
48-18-4. (a) The aggregate amount of certified capital for which tax credits shall be allowed for all certified investors under this act shall not exceed the amount which would entitle all certified investors in certified capital companies to take aggregate tax credits of $7.5 million per year for ten years. No certified capital company, on an aggregate basis with its affiliates, may file tax credit allocation claims in excess of the maximum amount of certified capital for which tax credits may be allowed as provided in this subsection. (b) Certified capital for which tax credits are allowed will be allocated to certified investors in certified capital companies in the order that tax credit allocation claims are received by the department from such certified capital companies on behalf of their certified investors. All filings made on the same day shall be treated as having been made contemporaneously. (c) In the event that two or more certified capital companies file tax credit allocation claims with the department on behalf of their respective certified investors on the same day, and the amount of such tax credit allocation claims exceeds in the aggregate the limit of available tax credits under the provisions of subsection (a) of this Code section, capital for which tax credits are allowed shall be allocated among the certified investors who filed on that day on a pro rata basis with respect to the amounts claimed. The pro rata allocation for any one certified investor shall be the product of a fraction, the numerator of which is the amount of the tax credit allocation claim filed on behalf of such certified investor and the denominator of which is the total of all tax credit allocation claims filed on behalf of all certified investors on such day, multiplied by the aggregate limitation as provided in subsection (a) of this Code section or such lesser amount of tax credits that remains unallocated on such day. (d) Within 30 business days after the department receives a tax credit allocation claim filed by a certified capital company on behalf of one or more of its certified investors, the department shall notify the certified capital company of the amount of tax credits allocated to each of the certified investors in such certified capital company. (e) In the event a certified capital company does not receive an investment of certified capital equaling the amount of premium tax credits allocated to a certified investor for which it filed a tax credit allocation claim from such certified investor or affiliate of such certified investor within ten business days of its receipt of notice of allocation, that portion of the tax credits allocated to such certified investor in the certified capital

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company shall be forfeited, and the department shall reallocate that certified capital among the other certified investors in all certified capital companies on a pro rata basis with respect to the tax credit allocation claims filed on behalf of such certified investors by all certified capital companies. The department is authorized to levy a fine of not more than $50,000.00 on any certified investor that does not invest, or have an affiliate invest, the full amount of certified capital allocated by the department to such certified investor in accordance with the tax credit allocation claim filed on its behalf. (f) The maximum amount of tax credit allocation claims that may be filed on behalf of any one certified investor, on an aggregate basis with its affiliates, in one or more certified capital companies, shall not exceed the greater of $10 million or 15 percent of the aggregate limitation as provided in subsection (a) of this Code section.
48-18-5. (a) To continue to be certified, a certified capital company must make qualified investments according to the following schedule:
(1) Within the period ending three years after its allocation date, a certified capital company must have made qualified investments cumulatively equal to 30 percent of its certified capital; (2) Within the period ending five years after its allocation date, a certified capital company must have made qualified investments cumulatively equal to 50 percent of its certified capital; and (3) For purposes of this subsection, each $1.00 of qualified investment made in a qualified business having its headquarters or principal place of business in a county designated tier 1 or tier 2 pursuant to Code Section 48-7-40, as amended, shall be treated as respectively, $2.00 and $1.50. (b) The aggregate cumulative amount of all qualified investments made by the certified capital company from its allocation date shall be considered in the calculation of the percentage requirements under this chapter. Any funds received from a qualified investment may be invested in another qualified investment and shall count toward any requirement in this chapter with respect to investments of certified capital. (c) Any business which is classified as a qualified business at the time of the first investment in said business by a certified capital company shall remain classified as a qualified business and may receive follow-on investments from any certified capital company, and such follow-on investments shall be qualified investments even though such business may not meet the definition of a qualified business at the time of such follow-on investments. (d) No qualified investment may be made if the aggregate investment by the certified capital company in the qualified business following such investment would exceed 15 percent of the total certified capital of the certified capital company at the time of investment. (e) At its option, a certified capital company, prior to making a proposed investment in a specific business, may request from the department a written opinion that the investment which it proposes to make should be considered a qualified investment.

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Upon receiving such a request, the department shall have 30 business days to determine whether or not the proposed investment meets the definition of a qualified investment and notify the certified capital company of its determination and an explanation thereof. If the department fails to notify the certified capital company with respect to the proposed investment within the ten day period, the proposed investment shall be deemed to be a qualified investment. If the department determines that the proposed investment does not meet all applicable criteria, the department may nevertheless consider the business a qualified investment and approve the investment if the department determines that the proposed investment will further state economic development. (f) All certified capital not currently invested in qualified investments by the certified capital company must be invested in one or more of the following:
(1) Cash deposited with a federally insured financial institution; (2) Certificates of deposit in a federally insured financial institution; (3) Investment securities that are obligations of the United States, its agencies or instrumentalities, or obligations that are guaranteed fully as to principal and interest by the United States; (4) Debt instruments rated at least 'AA' or its equivalent by a nationally recognized rating organization, or issued by, or guaranteed with respect to payment by, an entity whose unsecured indebtedness is rated at least 'AA' or its equivalent by a nationally recognized credit rating organization, and which is not subordinated to other unsecured indebtedness of the issuer or the guarantor, as the case may be; (5) Obligations of this state, or any municipality in this state, or any political subdivision thereof; (6) Commercial paper rated at least A1 or P1 by Standard and Poors Ratings Services or Moodys Investor Service, Inc., with a maturity of no more than 270 days; or (7) Any other investments approved in advance and in writing by the department. (g) Each certified capital company shall report the following to the department: (1) As soon as practicable after the receipt of certified capital, each certified capital company shall report the following to the department:
(A) The name of each certified investor from which the certified capital was received, including such certified investors insurance premium tax identification number; (B) The amount of each certified investors investment of certified capital and tax credits; and (C) The date on which the certified capital was received; (2) On an annual basis, on or before January 31: (A) The amount of the certified capital companys certified capital at the end of the immediately preceding year; (B) Whether or not the certified capital company has invested more than 15 percent of its total certified capital in any one qualified business;

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(C) A description of all qualified investments that the certified capital company made during the previous calendar year; and (D) For informational purposes only, the total number of permanent, full-time jobs either created or retained by the qualified business during the calendar year, the average wage of the jobs created or retained, the industry sectors in which the qualified businesses operate, and any additional capital invested in qualified businesses from sources other than certified capital companies; (3) Each certified capital company shall provide to the department annual audited financial statements, which shall include the opinion of an independent certified public accountant regarding the financial statements, within 90 days of the close of the fiscal year. The audit or such other review performed by the independent certified public accountant shall address the methods of operation and conduct of the business of the certified capital company to determine if the certified capital company is complying with the statutes and program rules and that the funds received by the certified capital company have been invested as required within the time limits provided by subsection (a) of this Code section; and (4) On or before January 31 of each year, each certified capital company shall pay an annual, nonrefundable certification fee of $5,000.00 to the department.
48-18-6. A certified capital company may make qualified distributions at any time. In order to make a distribution from certified capital, other than a qualified distribution, a certified capital company must have made qualified investments in qualified technology businesses in an amount cumulatively equal to at least 35 percent of its certified capital, and aggregate qualified investments, including such qualified technology business investments, in an amount cumulatively equal to at least 100 percent of its certified capital. A certified capital company may, however, make payments of principal and interest on its indebtedness without any restriction whatsoever, including payments of indebtedness of the certified capital company on which certified investors earned tax credits. For purposes of calculating whether a certified capital company has satisfied the requirements of this Code section, certified capital shall mean the total amount of certified capital originally allocated to the certified capital company, irrespective of any distributions, payments, qualified distributions, or payments of indebtedness by such company, less any certified capital forfeited pursuant to subsection (e) of Code Section 48-18-4.
48-18-7. (a) The department shall conduct an annual review of each certified capital company to determine if the certified capital company is abiding by the requirements of certification, to advise the certified capital company as to the eligibility status of its qualified investments, and to ensure that no investment has been made in violation of this chapter. The cost of the annual review shall be paid by each certified capital company according to a reasonable fee schedule adopted by the department.

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(b) A certified capital company at any time may certify to the department its good faith belief that it has complied with the provisions of paragraphs (1) or (2) of subsection (a) of Code Section 48-18-5 or subsection (f) of Code section 48-18-7. Within 120 days of receipt of such certification by the department, the department shall conduct a review of the qualified investments of the certified capital company and shall certify in writing to the certified capital company whether or not the certified capital company has so complied. The certified capital company shall pay the costs of such a review according to a reasonable fee schedule adopted by the department. (c) Any material violation of Code Section 48-18-5 shall be grounds for decertification of the certified capital company. If the department determines that a certified capital company is not in compliance with the requirements of Code section 48-18-5, it shall, by written notice, inform the officers of the certified capital company that the certified capital company may be subject to decertification in 120 days from the date of mailing of the notice, unless the deficiencies are corrected and the certified capital company is again in compliance with all requirements for certification. (d) At the end of the such grace period, if the certified capital company is still not in compliance with Code Section 48-18-5, the department may send a notice of decertification to the certified capital company and to all other appropriate state agencies. (e) Decertification of a certified capital company may cause the recapture of tax credits previously claimed and the forfeiture of future tax credits to be claimed by certified investors with respect to such certified capital company, as follows:
(1) Decertification of a certified capital company within three years of its allocation date shall cause the recapture of all tax credits previously claimed and the forfeiture of all future tax credits to be claimed by certified investors with respect to such certified capital company, except as set forth in paragraph (4) of this subsection; (2) When a certified capital company meets all requirements for continued certification under paragraph (1) of subsection (a) of Code Section 48-18-5 and subsequently fails to meet the requirements for continued certification under the provisions of paragraph (2) of subsection (a) of Code Section 48-18-5, those tax credits which are eligible to be taken by certified investors within the first three years in which such tax credits may be taken will not be subject to recapture or forfeiture; however, all tax credits that are eligible to be taken by certified investors after the third year in which tax credits may be taken shall be subject to recapture or forfeiture; (3) Once a certified capital company has met all requirements for continued certification under paragraphs (1) and (2) of subsection (a) of Code Section 48-18-5, and is subsequently decertified, those tax credits which are eligible to be taken by certified investors within the first five years in which such tax credits may be taken will not be subject to recapture or forfeiture. Those tax credits that are eligible to be taken only after the fifth year in which such tax credits may be taken shall be subject to forfeiture only if the certified capital company is decertified within five years from the applicable allocation date, except as set forth in paragraph (4) of this subsection;

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(4) Once a certified capital company has invested an amount cumulatively equal to 100 percent of its certified capital in qualified investments, all tax credits claimed or to be claimed by its certified investors shall no longer be subject to recapture or forfeiture; and (5) If at the time of any such distribution made by the certified capital company, such distribution taken together with all other such distributions made by the certified capital company, other than qualified distributions, exceeds in the aggregate the sum of the certified capital companys original certified capital and any additional capital contributions to the certified capital company, as determined by the audit, the certified capital company shall pay to the department 10 percent of the portion of such distribution in excess of such amount. Payments to the department by a certified capital company pursuant to this paragraph shall not exceed the aggregate amount of tax credits used by all certified investors in such certified capital company. (f) Once a certified capital company has invested an amount cumulatively equal to 100 percent of its certified capital in qualified investments, the certified capital company shall no longer be subject to regulation by the department. (g) The department shall send written notice to the address of each certified investor whose tax credit has been subject to recapture or forfeiture, using the address last shown on the last premium tax filing.
48-18-8. The tax credit established pursuant to this chapter may be transferred or sold to any other person with state premium tax liability. The department shall promulgate regulations to facilitate the transfer or sale of the tax credits. Any such transfer or sale shall not affect the time schedule for taking the tax credit as provided in this chapter. Any tax credits recaptured pursuant to Code Section 48-18-7 shall be the liability of the taxpayer which actually claimed the tax credits."
SECTION 3. Section 1, this section, and Section 4 of this Act shall become effective upon the approval of the Governor or upon its becoming law without such approval. The remainder of this Act shall become effective on March 1, 2003.
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 Y Benfield
Birdsong Y Black Y Boggs 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

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Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin
Gardner E Golick Y Grasse 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
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 Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall
McClinton E McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y 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 Y Sinkfield Y Skipper

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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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J E Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Birdsong of the 123rd 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.

HB 1220. By Representatives Stallings of the 100th, Parrish of the 144th, Harbin of the 113th, Lord of the 121st, Ray of the 128th and others:

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A BILL to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to regulate viatical investments; to change certain provisions relating to definitions; to define certain terms; to change certain provisions relating to securities exempt from registration; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to regulate viatical investments; to change certain provisions relating to definitions; to define certain terms; to change certain provisions relating to securities exempt from registration; to change certain provisions relating to unlawful practices; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended in Code Section 10-5-2, relating to definitions, by striking paragraph (26) of subsection (a) and inserting in lieu thereof the following:
"(26) 'Security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, investment certificate, certificate of interest or participation in any profit-sharing agreement, certificate of interest in oil, gas, or other mineral rights, collateral trust certificates, preorganization certificate or subscription, transferable share, investment contract, viatical investment, voting-trust certificate, limited partnership interest, or beneficial interest in profits or earnings, or any other instrument commonly known as a security, including any certificate of interest or participation in, temporary or interim certificate for, receipt for, guaranty of, or warrant or right to subscribe to or purchase, any of the foregoing. The term 'investment contract' shall include but is not limited to an investment which holds out the possibility of return on risk capital even though the investors efforts are necessary to receive such return if:
(A) Such return is dependent upon essential managerial or sales efforts of the issuer or its affiliates; and (B) One of the inducements to invest is the promise of promotional or sales efforts of the issuer or its affiliates in the investors behalf; and

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(C) The investor shall thereby acquire the right to earn a commission or other compensation from sales of rights to sell goods, services, or other investment contracts of the issuer or its affiliates. 'Security' Security shall not mean any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period nor any variable annuity contract as provided for and regulated under Title 33 and issued by a life insurance company licensed to do business in the State of Georgia nor shall it mean any interest in a residential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income derived from the rental of units owned by others."
SECTION 2. Said chapter is further amended in subsection (a) of said Code Section 10-5-2 by inserting new paragraphs to read as follows:
"(32) 'Viatical investment' means the contractual right to receive any portion of the death benefit or ownership of a life insurance policy or certificate for consideration that is less than the expected death benefit of the life insurance policy or certificate. Viatical investment does not include:
(A) Any sale or transfer of any portion of the death benefit or ownership of a life insurance policy or certificate by the insured to a viatical issuer or to any person or entity regularly engaged in the business of reselling or transferring such benefits to viatical issuers; (B) The assignment of a life insurance policy to a bank, savings bank, savings and loan association, credit union, or other institution licensed under the laws of any state or the United States as collateral for a loan; (C) The obtaining of accelerated benefits from the issuer pursuant to the terms of a life insurance policy issued in accordance with the laws of this or another state; or (D) The sale or transfer of any portion of the death benefit or ownership of a life insurance policy by an individual who enters into no more than one agreement in a calendar year regarding the transfer of life insurance policies insuring the life of only one person for consideration that is less than the death benefit, unless any third party receives, directly or indirectly, any fee, commission, or other remuneration in connection with said assignment. (33) 'Viatical issuer' means, in the case of a fractional or pooled interest in viatical investments, any person who creates, for the purpose of sale, the fractional or pooled interest, and in the case of a viatical investment that is not fractionalized or pooled, any person engaged in the business of effecting transactions in viatical investments. A viatical issuer pursuant to this Code section is an issuer within the definition contained in this Code section."

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SECTION 3. Said chapter is further amended in Code Section 10-5-8, relating to securities exempt from registration, by striking the period at the end of subparagraph (F) of paragraph (11) and inserting "; or" in lieu thereof and by adding a new paragraph to read as follows:
"(12) Viatical investments."
SECTION 4. Said chapter is further amended in Code Section 10-5-12, relating to unlawful practices, by adding a new subsection to read as follows:
"(q) It shall be unlawful for any person to offer for sale or to sell viatical investments in or from this state unless the following requirements are met:
(1) The viatical issuer first files with the commissioner a statement which provides the following information:
(A) A full description of the types of viatical investments to be offered or sold, including without limitation statements as to whether the underlying policies or certificates will be whole, fractionalized, or pooled, whether the underlying policies are currently owned by the viatical issuer or will be acquired in the future, and whether the investors will be sold only policies or certificates owned by the viatical issuer at the time of the investment or will have their investments matched to policies that may be acquired after the date of the investment; (B) The financial statements of the viatical issuer, prepared in conformity with generally accepted accounting principles; (C) A list of all dealers, salespersons, and agents authorized by the viatical issuer to sell in this state, together with their securities registration numbers; (D) A list of all states in which the viatical issuer is licensed to purchase viatical settlement contracts, has an application pending, or has been denied exemption or registration; (E) A list of all states in which the viatical issuer sells viatical investments pursuant to exemption, is licensed to sell viatical investments, has an application pending, or has been denied exemption or registration; (F) A copy of any escrow agreements for the escrow of proceeds or for the escrow of funds for the payment of premiums; (G) A copy of all advertisements or sales literature and the text of any script to be used in conjunction with the solicitation, offer, or sale of a viatical investment; (H) A copy of all documents to be used to disclose the risk factors associated with the sale of a viatical investment; and (I) A copy of all documents to be used to conduct any determination of suitability of a viatical investment to the particular investor. The viatical issuer shall have an affirmative duty to file with the commissioner a supplemental or amended statement if at any time there is a material change to any of the information provided in the statement;
(2) The viatical issuer files an annual report that shall include such information pertaining to the offer, sale, or status of any viatical investment

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as the commissioner may by rule require; (3) In connection with the offer or sale of any viatical investment, the viatical issuer, dealer, salesperson, and agent offering or selling the viatical investment shall not make any projections or representations regarding rates of return of any investment or prospective investment other than a rate of return expressed on an annual basis. Such projection or representation must be based upon a written opinion of life expectancy by a qualified physician; (4) The viatical issuer, dealer, salesperson, and agent shall, for a minimum of five years after the date of maturity of any policy that is the subject of a viatical investment, retain and provide to the commissioner upon request copies of documents relating to the offer or sale of viatical investments that the commissioner may by rule require and shall make said documents available for inspection by the commissioner upon request; and (5) Neither the viatical issuer nor any of its officers, directors, partners, 10 percent or greater stockholders, promoters, affiliates, nor the escrow agent nor any selling agent of the viatical investment being offered, nor any officer, director, or partner of the selling agent shall have:
(A) Within the last five years filed a registration statement which is the subject of a currently effective stop order entered by any state securities administrator or the United States Securities and Exchange Commission; (B) Within the last five years been convicted of any felony or misdemeanor in connection with the purchase or sale of any security or any felony involving fraud or deceit including but not limited to forgery, embezzlement, obtaining money under false pretenses, larceny, or conspiracy to defraud; (C) Within the last five years been subject to an administrative order or decision issued by any state securities or insurance administrator or the United States Securities and Exchange Commission which administrative order or decision has not been vacated; (D) Within the last five years been subject to any administrative order or decision issued by any state or federal regulatory authority or any financial services selfregulatory organization in which fraud or deceit was found which administrative order or decision has not been vacated; (E) Within the last five years been subject to an order or decision issued by any state securities administrator, which order or decision has not been vacated and prohibits the use of any exemption from registration in connection with the purchase or sale of securities; or (F) Within the last five years been subject to any order, judgment, or decree of any court of competent jurisdiction temporarily, preliminarily, or permanently restraining or enjoining the person from engaging in or continuing any conduct or practice in connection with the purchase or sale of any security or involving the making of any false filing with any state."

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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 Benfield
Birdsong Y Black Y Boggs 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
Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton E McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J E Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 1.

THURSDAY, FEBRUARY 28, 2002

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The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Birdsong of the 123rd, Davis of the 60th 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.

HB 1314. By Representatives Lord of the 121st, Westmoreland of the 104th, Walker of the 141st, DeLoach of the 172nd 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 definitions; to provide for the suspension, cancellation, and revocation of motor vehicle registration under certain circumstances; to provide that no motor vehicle registration may be issued or renewed while such vehicle's registration is under suspension, cancellation, or revocation and unless the owner provides sufficient proof of minimum insurance coverage on such vehicle; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide definitions; to provide for the suspension, cancellation, and revocation of motor vehicle registration under certain circumstances; to provide that no motor vehicle registration may be issued or renewed while such vehicles registration is under suspension, cancellation, or revocation and unless the owner provides sufficient proof of minimum insurance coverage on such vehicle; to provide that the failure to register or renew registration of a vehicle due to lack of proof of insurance shall not excuse or defer the timely payment of ad valorem taxes; to provide for the suspension of the drivers license of a person who operates a vehicle with suspended, canceled, or revoked registration; to provide that insurers shall provide certain information to the department concerning insurance coverage and termination; to provide that the Commissioner of Insurance shall provide certain information to the department concerning the approval and termination of self-insurance; to provide for the payment of certain fees under certain circumstances; to authorize the commissioner to promulgate rules and regulations; to provide for the confidentiality of the minimum liability insurance coverage records maintained by the department and for exceptions thereto; to

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provide that it shall be illegal to operate a motor vehicle while the registration of such vehicle is suspended, canceled, or revoked; to provide for punishments; to extend suspension or revocation periods under certain circumstances; to authorize municipal courts to impose such punishments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-1, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-2-1 to read as follows:
"40-2-1. As used in this chapter, the term:
(1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a persons vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the commissioner of motor vehicle safety. (2)(3) 'Department' means the Department of Motor Vehicle Safety. (3)(4) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he or she is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (5) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or restoration, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (6) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."
SECTION 2. Said title is further amended by adding a new subsection (d) to Code Section 40-2-26, relating to form and contents of application for registration, to read as follows:
"(d) On and after February 1, 2003, no vehicle registration or renewal thereof shall be issued to any motor vehicle if the vehicle registration thereof has been revoked, suspended, or canceled and unless the owner of the motor vehicle provides satisfactory proof that the motor vehicle is subject to a policy of insurance that provides the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33;

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provided, however, that the owners inability to register or renew the registration of any motor vehicle due to lack of proof of insurance shall not excuse or defer the timely payment of ad valorem taxes due and payable upon said vehicle. The owner shall submit such proof in accordance with the requirements of Code Section 40-6-10."
SECTION 3. Said title is further amended by adding a new Code Section 40-2-137 to read as follows:
"40-2-137. (a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person. (2) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (3) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (4) 'Terminate' or 'termination' means actual cessation of insurance coverage after the date upon which coverage will not be restored for any reason, including without limitation cancellation, nonrenewal, and nonpayment of premium and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer. (b)(1) After receipt of notification of coverage termination, if the department does not, on or before the effective date of such termination, receive notice from an insurer that new minimum motor vehicle insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the coverage termination and informing the owner of the penalties provided by law. The department shall send such notice to the address of the owner of the motor vehicle shown on the records of the department. The mailing of such notice by the department to the address of the owner of the motor vehicle as shown on the records of the department shall be deemed conclusively to be notice to such owner of such owners duty to maintain the required minimum insurance coverage and the possible penalties and consequences for failing to do so and shall be deemed to satisfy all notice requirements of law and no further notice to the owner shall be required for the suspensions and revocations provided for in this Code section. (2) It shall be the duty of the owner of such motor vehicle to obtain minimum motor vehicle insurance coverage and it shall be the duty of the owners insurer to provide proof of such coverage to the department within 30 days of the date of such notice, pursuant to the requirements of subparagraph (b)(1)(A) of Code Section 40-5-71. (c)(1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage,

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the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date on which the notification was mailed by the department will result in the suspension of the owners motor vehicle registration by operation of law as if the proof had not been provided in a timely manner as provided in paragraph (2) of this subsection. (2) If proof is not provided within the time period specified in this Code section that minimum motor vehicle insurance coverage is in effect, the owners motor vehicle registration shall be suspended immediately by operation of law by the department. When such proof is provided and the owner pays a lapse fee of $25.00 and pays a restoration fee of $60.00, or $50.00 when processed by mail, the suspension shall terminate; provided, however, that the commissioner may waive the lapse fee and restoration fee for any owner whose vehicle registration has been suspended pursuant to this paragraph who provides proof of continuous minimum motor vehicle insurance coverage. (3) In the event of a second suspension of the owners registration under this Code section after February 1, 2003, during any five-year period, the department by operation of law shall suspend the motor vehicle registration for a period of 90 days. After the 90 day suspension period and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a lapse fee of $25.00 and pays a restoration fee of $60.00, or $50.00 when processed by mail, the suspension shall terminate. (4) In the event of a third or subsequent suspension of the owners registration under this Code section after February 1, 2003, during any five-year period, the department by operation of law shall revoke the motor vehicle registration and no new application for registration shall be accepted for a period of six months after such revocation. After six months from the date of revocation and when proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a lapse fee of $25.00 and pays a restoration fee of $160.00, or $150.00 when processed by mail, the owner may apply for registration of the motor vehicle. (d) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 40-5-54, relating to mandatory suspension of license, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such drivers conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used;

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(3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; or (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125; or (7) Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15."
SECTION 5. Said title is further amended by striking Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination, in its entirety and inserting in lieu thereof a new Code Section 40-5-71 to read as follows:
"40-5-71. (a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person. (2) 'Terminate' or 'termination' means actual cessation of insurance coverage for any reason, including without limitation cancellation, nonrenewal, or nonpayment of premium, and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer.
(a.1)(b)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the Department of Motor Vehicle Safety department; except that once coverage data has been electronically transmitted to the Department of Motor Vehicle Safety department, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to vehicle identification number; the make, model, and year of the insured motor vehicle; and policy effective date. The department shall not require the name of the insurer or the policy limits to be disclosed for purposes of this subparagraph. For the purposes of this Code section, the vehicle identification number shall be the vehicle identification number as that number is shown in the records of the department. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon issuance of a certificate of selfinsurance. (B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify

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the department of such coverage termination on or before the date coverage ends. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination of a certificate of self-insurance. (C) The commissioner of motor vehicle safety shall notify the Commissioner of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer or the department for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurers rate base. (2) The Department of Motor Vehicle Safety department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Motor Vehicle Safety department required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation. (4) The provisions of this subsection shall not apply to any commercial vehicle policy as defined in this Code section. (5) The minimum liability insurance records which the department is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by any law enforcement officer for official law enforcement investigations and the owner of the vehicle. (b)(1) After receipt of notification of coverage termination, if the department does not on or before the effective date of such termination receive notice from an insurer that new minimum insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the coverage termination and informing such owner of the penalties outlined in this Code section. (2) Upon receipt of the departments notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained or is no longer required and to provide any other information relating to such insurance coverage requested by the department.

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(3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department. (c)(1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the drivers license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection. (2) If the owner responds within the specified time period and does not indicate that minimum insurance coverage is in effect or is no longer required, the owners drivers license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the drivers license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate, and the department shall return the drivers license to the owner of the motor vehicle. (3) If the owner does not respond within the specified time period, the department shall suspend the owners drivers license. Upon demand of the department, the owner shall forward the drivers license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the drivers license to the owner of the motor vehicle; provided, however, that for any owner whose drivers license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage, the commissioner may waive the lapse fee and the restoration fee, and the owner shall not be deemed to have violated Code Section 40-5-121. (4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the drivers license for a period of 90 days. Upon demand of the department, the owner shall forward the drivers license to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate, and the department shall return the drivers license to the owner of the motor vehicle. (d) A person whose drivers license has been suspended pursuant to Code Section 405-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the department for a restricted driving permit as provided in this Code section. A person whose drivers license was surrendered may apply to the department for a restricted driving permit immediately following the conviction or suspension. (e) Applications for restricted driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary

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for the department to determine the need for such permit. All applications shall be signed by the applicant and the applicants employer before a person authorized to administer oaths.
(f)(1) The department shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the persons loss of employment or extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(A) Going to the applicants place of employment or performing the normal duties of his or her occupation; (B) Receiving scheduled medical care or obtaining prescription drugs; or (C) Attending a college or school at which the applicant is regularly enrolled as a student. (2) A restricted driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (A) Specific places between which the permittee may be allowed to operate a motor vehicle; (B) Routes to be followed by the permittee; (C) Times of travel; (D) The specific vehicles which the permittee may operate; (E) There is in force a policy of liability insurance covering the driver of the vehicle; and (F) Such other conditions as the department may require. (g) A permit issued pursuant to this Code section shall be issued for a period of 90 days from the effective date of the suspension and shall be nonrenewable. (h) No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a restricted driving permit in reliance on the truth of the affidavits required by this Code section. (i) Any permittee who is convicted of violating any provision relating to the requirement of maintaining minimum motor vehicle insurance coverage or is convicted of any other traffic offense for which the department may suspend a drivers license or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose restricted driving permit has been revoked shall not be eligible to apply for a drivers license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based. (j) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the

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department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (k)(c) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section.
(d)(1) The department shall monitor the reporting of the issuance of new and renewal policies and termination of coverage by insurers. (2) A match is based upon the vehicle identification number as recorded on the departments motor vehicle records. When the vehicle identification number does not match with the departments motor vehicle records, the department shall notify the insurer and the insurer shall, within 30 days from receipt of the returned error, correct the vehicle identification number and resubmit the transaction. After receipt of the departments notice, if the insurer determines that the vehicle identification number which it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner of the vehicle, whereupon the owner shall, in accordance with department procedures, obtain a correction of such number at the appropriate county tag office."
SECTION 6. Said title is further amended by adding a new Code Section 40-6-15 to read as follows:
"40-6-15. (a) Any person who knowingly drives a motor vehicle on any public road or highway of this state at a time when the vehicle registration of such vehicle is suspended, canceled, or revoked shall be guilty of a misdemeanor. (b) Upon a first conviction thereof or a plea of nolo contendere, such person shall be punished by imprisonment for not more than 12 months and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00, at the discretion of the court. (c) For a second or subsequent conviction within five years as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. (d) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the registration of such vehicle was suspended or revoked, shall extend the period of suspension or revocation for six months. The department may reinstate the suspended or revoked vehicle registration following the expiration of the original suspension or revocation period, the additional six month suspension imposed pursuant to this subsection, and upon payment of a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail.

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(e) For all purposes under this Code section, a plea of nolo contendere shall be considered as a conviction. (f) Notwithstanding the limits set forth in Article 14 of this chapter and in any municipal charter, any municipal court of any municipality in this state shall be authorized to impose the punishment provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd Y Callaway Y Campbell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner E Golick N Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

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 E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey

Y Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor N Sanders

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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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 Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 28, 2002

Y Heard Heckstall
Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y McBee Y McCall Y McClinton E McKinney
Millar Y Mills
Mobley Y Morris Y Mosley

Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper

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Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J E Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Birdsong of the 123rd 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.

HB 1062. By Representatives Barnes of the 97th, Dodson of the 94th, Seay of the 93rd, Wix of the 33rd and Buckner of the 95th:
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 add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.

The following Committee substitute was read and adopted:

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 add a nonmerger provision for the offense of cruelty to children in the second degree; 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 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to

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cruelty to children, is amended in Code Section 16-5-70, relating to cruelty to children, by inserting a new subsection (f) to read as follows:
"(f) The offense of cruelty to children in the second degree shall not be merged with a forcible felony, battery, or family violence battery, nor shall such offense be merged into another violation of cruelty to children in the second degree, and each violation shall be considered a separate offense."
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:

N Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd N Callaway N 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 N Day
Dean E 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 Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce
Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning N Massey Y McBee Y McCall
McClinton E McKinney Y Millar Y Mills
Mobley

Y Mueller Y Muntean Y O'Neal 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 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

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J E Williams, R Y Wix

Y Connell Y Cooper

THURSDAY, FEBRUARY 28, 2002

Y Houston Y Howard

Y Morris Y Mosley

Y Sinkfield Y Skipper

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N Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following communications were received:

Hon. Representative Warren Massey Georgia House of Representatives District 86 Room 612 Capitol Square Atlanta, GA 30334

February 28, 2002

Hon. Robert E. Rivers Clerk Georgia House of Representatives Capitol Square Atlanta, Georgia 30334

Re: Explanation of No Vote to HB 1062

House Bill 1062 disallows the offense of "cruelty to children in the second degree" to be merged with a forcible felony, battery, or family violence battery......
Article V of the Constitution of the United States of America states that "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb,"
This is the provision of the Constitution against "double jeopardy". Passage of HB 1062, although a bill intended to further protect children and being a noble cause which I wholeheartedly support, has the consequence of violating Article V of the Constitution because a defendant could be tried separately for the same act under the non-merger provisions of this bill. My oath of office to uphold the Constitution precluded me from voting yea to this measure. The Constitution protects us all and the protecting of its tenants must take precedence over other causes no matter how nobly intended.

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/s/ Warren Massey Representative District 86

Hon. Representative John Yates Georgia House of Representatives District 106 Room 612 Capitol Square Atlanta, GA 30334

February 28, 2002

Hon. Robert E. Rivers Clerk Georgia House of Representatives Capitol Square Atlanta, Georgia 30334

Re: Explanation of No Vote to HB 1062

House Bill 1062 disallows the offense of "cruelty to children in the second degree" to be merged with a forcible felony, battery, or family violence battery......
Article V of the Constitution of the United States of America states that "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb,"
This is the provision of the Constitution against "double jeopardy". Passage of HB 1062, although a bill intended to further protect children and being a noble cause which I wholeheartedly support, has the consequence of violating Article V of the Constitution because a defendant could be tried separately for the same act under the non-merger provisions of this bill. My oath of office to uphold the Constitution precluded me from voting yea to this measure. The Constitution protects us all and the protecting of its tenants must take precedence over other causes no matter how nobly intended.
/s/ John Yates Representative District 106

THURSDAY, FEBRUARY 28, 2002 The following Resolution of the House was read and adopted:

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HR 1295. By Representative Reed of the 52nd:
A RESOLUTION commending the Sandtown A's Softball Team; and for other purposes.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

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The Speaker called the House to order.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 1510. By Representative Jenkins of the 110th:
A BILL to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts; and for other purposes.

The following amendment was read and adopted:

Representative Jenkins of the 110th moves to amend HB 1510 by striking on line 12 of page 2 the date "2001" and inserting in lieu thereof the date "2002".
By striking on lines 14 and 22 of page 2 the dates "2002" and inserting in lieu thereof the dates "2003".

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 ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolutions of the House were read:

HR 1297. By Representatives Cash of the 108th and Lunsford of the 109th:
A RESOLUTION commending the Eagle's Landing Christian Academy Wrestling Team; and for other purposes.

THURSDAY, FEBRUARY 28, 2002

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HR 1298. By Representative Bell of the 25th: A RESOLUTION commending Honorable Byrd Martin Bruce; and for other purposes.
HR 1299. By Representatives Jennings of the 63rd and Millar of the 59th: A RESOLUTION commending Cristina Herndon as a Georgia Youth Volunteer; and for other purposes.
HR 1300. By Representative Twiggs of the 8th: A RESOLUTION commending the Union County Hospital Authority and the administration and staff thereof; and for other purposes.
HR 1301. By Representative Ashe of the 46th: A RESOLUTION commending the students of 21st Century Leaders and recognizing 21st Century Leaders Day at the Capitol; and for other purposes.
HR 1302. By Representatives Amerson of the 7th, Murphy of the 18th, Pinholster of the 15th and Williams of the 5th: A RESOLUTION commending the North Georgia College and State University's Corps of Cadets; and for other purposes.
HR 1303. By Representatives Teper of the 61st, Watson of the 70th, Henson of the 65th, Davis of the 60th, McClinton of the 68th and others: A RESOLUTION expressing regret at the passing of Jim Cone; and for other purposes.
HR 1304. By Representative Smith of the 91st: A RESOLUTION commending Shaun Miles Griffith; and for other purposes.

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HR 1305. By Representatives Seay of the 93rd, Dodson of the 94th, Barnes of the 97th and Buckner of the 95th:
A RESOLUTION honoring the life of Allen Marcus Smith and expressing regret at his passing; and for other purposes.

HR 1306. By Representatives Amerson of the 7th, Murphy of the 18th, Pinholster of the 15th and Williams of the 5th:
A RESOLUTION commending the Blue Ridge Rifles and Color Guard of North Georgia College and State University as the national champion collegiate precision military drill team of 2002; and for other purposes.

HR 1307. By Representatives Cummings of the 27th, Murphy of the 18th, McBee of the 88th, Shanahan of the 10th, Smith of the 102nd and others:
A RESOLUTION recognizing and commending Linda Williamson; and for other purposes.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell
Benfield Birdsong Y Black Y Boggs Bordeaux Y Borders Y Bridges Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch

Cox Crawford Y Cummings Davis Day Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes Ehrhart Epps Y Everett Y Floyd Y Forster Franklin Y Gardner E Golick Y Grasse

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B
Jackson, L Y James
Jamieson Y Jenkins Y Jennings
Johnson Jordan E Joyce Kaye Y Keen Y Knox Lane Y Lanier Y Lewis Lord

Y Mueller Muntean
Y O'Neal Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell
Ragas Y Randall
Ray Reece Reed Y Reichert Y Rice Y Richardson

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires
Stallings Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman Turnquest

Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B
Coleman, T Collins Y Connell Cooper

THURSDAY, FEBRUARY 28, 2002

Y Graves Y Greene Y Hammontree
Hanner Harbin Y Harrell Y Heard Y Heckstall Y Hembree Henson Y Hines Y Holland Y Holmes Houston Howard

Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee
McCall McClinton E McKinney Y Millar Y Mills Mobley Y Morris Mosley

Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper

On the adoption of the Resolutions, the ayes were 114, nays 0. The Resolutions were adopted.

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Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J E Williams, R Y Wix
Yates Murphy, Speaker

Representatives Birdsong of the 123rd 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.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1321. By Representatives Westmoreland of the 104th, Royal of the 164th, Buck of the 135th, Ehrhart of the 36th and Kaye of the 37th:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of ad valorem taxation of property, so as to provide that an owner of property devoted to bona fide agricultural purposes who is age 65 or older and who has maintained the property for bona fide agricultural purposes for a ten-year covenant period may qualify for preferential assessment if such owner enters into a renewal covenant for a period of three years; and for other purposes.

The following Committee substitute was read and withdrawn:

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JOURNAL OF THE HOUSE

A BILL
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for an additional case where a bona fide agricultural purposes or bona fide conservation use renewal covenant may be terminated without certain penalties applying; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by adding a new subsection immediately following subsection (r) of Code Section 48-5-7.1, relating to preferential assessment of bona fide agricultural purposes property, to be designated subsection (r.1) to read as follows:
"(r.1) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant under this Code section, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years such election shall be in writing and shall not become effective until filed with the county board of tax assessors. In such case, the penalty specified by subsection (g) of this Code section shall not apply and the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach."
SECTION 2. Said Article is further amended by striking subsection (q) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (q) to read as follows:
"(q) In the following cases, the penalty specified by subsection (l) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The the deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt;

THURSDAY, FEBRUARY 28, 2002

1241

(B) The the loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The the deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (l) of this Code section; or (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability.; (3) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant for bona fide conservation use, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years such election shall be in writing and shall not become effective until filed with the county board of tax assessors."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Royal of the 164th and Westmoreland of the 104th, was read and adopted:

A BILL
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for an additional case where a bona fide agricultural purposes or bona fide conservation use renewal covenant may be terminated without certain penalties applying; to provide for additional rules applicable to the qualification of certain conservation use property for current use assessment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by adding a new subsection immediately following subsection (r) of Code Section 48-5-7.1, relating to preferential assessment of bona fide agricultural purposes property, to be designated subsection (r.1) to read as follows:
"(r.1) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant under this Code section, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years such election shall be in writing and shall not become effective until filed with the county board of tax assessors. In such case, the penalty specified by subsection (g) of this Code section shall not apply and the penalty imposed shall be the amount by which preferential assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach."
SECTION 2. Said article is further amended by striking paragraph (1) of subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use properly, and inserting in it place a new paragraph (1) to read as follows:
"(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business;"
SECTION 3. Said article is further amended by striking subsection (q) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (q) to read as follows:
"(q) In the following cases, the penalty specified by subsection (l) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:
(A) The the deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received

THURSDAY, FEBRUARY 28, 2002

1243

consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The the loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The the deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (l) of this Code section; or (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability.; (3) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant for bona fide conservation use, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years such election shall be in writing and shall not become effective until filed with the county board of tax assessors."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs

Y Cox Y Crawford Y Cummings Y Davis
Day Dean E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Dukes

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings
Johnson

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires Y Stallings

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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

JOURNAL OF THE HOUSE

Y Ehrhart Epps
Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Howard

Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning 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 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

Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J E Williams, R Y Wix Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Birdsong of the 123rd, Sims of the 167th, Snow of the 2nd, Stanley of the 49th 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.

HB 1521. By Representatives Royal of the 164th and Buck of the 135th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to chapters of the Georgia State Society of the Daughters of the American Revolution; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 28, 2002

1245

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
Day Dean E 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 Gardner E Golick Y Grasse 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 Hudson, S
Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings
Johnson Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Massey Y McBee Y McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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
Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes Taylor E Teague Y Teper Y Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J E Williams, R Y Wix Yates Murphy, Speaker

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative West of the 101st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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Representatives Birdsong of the 123rd, Snow of the 2nd, Stanley of the 49th 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.

HB 1434. By Representatives Buck of the 135th, Royal of the 164th, Smith of the 175th, Skipper of the 137th and McBee of the 88th:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to state income taxation, so as to provide for certain technical corrections and modifications; to provide for proper administration of certain provisions regarding state income taxation; to change certain provisions regarding definitions relating to income tax; to change certain provisions regarding computation of taxable net income; to change certain provisions regarding taxation of nonresidents' income; to change certain provisions regarding conditions for allocating certain income; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions regarding the Georgia Higher Education Savings Plan; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 E Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves

Y Hudgens Hudson, N
Y Hudson, S Y Hugley E Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman Y Turnquest Y Twiggs

Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 28, 2002

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 Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y 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
Sims Y Sinkfield Y Skipper

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Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J E Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Birdsong of the 123rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1421. By Representatives Skipper of the 137th, Cummings of the 27th and Murphy of the 18th:
A BILL to repeal an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain population; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G Y Dix Y Dodson

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag

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

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Y Black Y Boggs 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 Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse 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 Jennings Y Johnson
Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey Y McBee
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 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 Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J E Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1184. By Representative Parham of the 122nd:
A BILL to amend Code Section 40-9-3 of the Official Code of Georgia Annotated, relating to administration of the Motor Vehicle Safety Responsibility Act, rules and regulations, hearings, and appeals, so as to change certain provisions relating to forms; 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:

THURSDAY, FEBRUARY 28, 2002

1249

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse 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 Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J E Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1213. By Representatives Holmes of the 53rd, Hudson of the 120th and DeLoach of the 172nd:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to change the requirements concerning the electronic filing of election returns by precinct; to change the information required on

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JOURNAL OF THE HOUSE
candidate affidavits; to change the qualifications of county registrars and deputy registrars; to provide that persons who move their residence outside a county or municipality may not continue to vote in elections in that county or municipality; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to clarify the definition of precinct; to change the requirements concerning the electronic filing of election returns by precinct; to change the information required on candidate affidavits; to change the qualifications of county registrars and deputy registrars; to provide that persons who move their residence outside a county or municipality may not continue to vote in elections in that county or municipality; to specify certain required information on registration cards; to change the qualifications for voting by absentee ballot; to prohibit distribution of absentee ballot applications under certain circumstances; to provide for the use of direct electronic recording voting systems for voting by absentee ballot in certain circumstances; to require that absentee ballots returned too late to be counted shall be delivered to the appropriate clerk for storage as provided by law; to prohibit certain persons from providing assistance in voting; to require that optical scan tabulators return or reject ballots with overvotes in certain circumstances; to provide for a vote review panel to examine rejected optical scan ballots to determine voter intent; to authorize the Secretary of State to correct election returns when errors are found in the certified returns or in the tabulation, computation, or canvassing of the returns; to authorize the extension of deadlines to certify returns under certain circumstances; to require that appeals of election contests be heard by the Supreme Court; to provide for special election dates in the evennumbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives; 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 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking paragraph (28) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof a new paragraph (28) to read as follows:

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"(28) 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with this chapter, within from which all electors vote at one polling place."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 21-2-77, relating to electronic election returns, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Beginning with the election cycle in the year 2002 2004, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal, state, or and county offices held in that year or any following year."
SECTION 3. Said chapter is further amended by striking subsection (f) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new subsection (f) to read as follows:
"(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 full name and the name as the candidate desires it to be listed on the ballot; (2) His or her race and gender; (1)(3) His or her residence, with street and number, if any, and his or her post office address; (2)(4) His or her profession, business, or occupation, if any; (3)(5) The name of his or her precinct; (4)(6) 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)(7) The name of the office he or she is seeking; (6)(8) That he or she is eligible to hold such office; (7)(9) 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)(10) 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."

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SECTION 4. Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her full name and the name as the candidate desires it to be listed on the ballot; (2) His or her race and gender; (1)(3) His or her residence, with street and number, if any, and his or her post office address; (2)(4) His or her profession, business, or occupation, if any; (3)(5) The name of his or her precinct; (4)(6) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (5)(7) The name of the office he or she is seeking; (6)(8) That he or she is eligible to hold such office; (7)(9) 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 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)(10) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter."
SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) County registrars and deputy registrars Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude, and the appointing authority shall be authorized to investigate the applicants criminal history before making such appointment."

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SECTION 6. Said chapter is further amended by striking subsection (c) of Code Section 21-2-220, relating to application for voter registration, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) If an applicant fails to provide all of the required information on the application for voter registration, including the applicants social security number, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected."
SECTION 7. Said chapter is further amended by striking subsection (d) of Code Section 21-2-224, relating to registration deadlines, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be promptly entered on the list of registered electors and shall be entitled to vote in any primary or election; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election."
SECTION 8. Said chapter is further amended by adding a new subsection (e) to Code Section 21-2300, relating to provision of new voting equipment by state, to read as follows:
"(e) At such time as the General Assembly appropriates funds to implement this Code section, county governments shall utilize the voting equipment furnished to them by the state in all future county, state, and federal elections under terms and conditions specified by the Secretary of State. Counties shall be authorized to contract with municipal governments for the use of such voting equipment in municipal elections under terms and conditions specified by the Secretary of State to assure that the equipment is properly used and kept secure."
SECTION 9. Said chapter is further amended by striking Code Section 21-2-301, relating to a pilot program, in its entirety and inserting in lieu thereof a new Code Section 21-2-301 to read

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as follows: "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 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, 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 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, 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 Code section evaluate improvements to the states elections and voter registration systems and processes. (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.

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(3) The commission shall make a report to the Governor and the General Assembly by December 31, 2001, of each year the commission is in existence 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 work of the commission. (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. (6) The Commission commission shall have at least one meeting in North Georgia (outside of Atlanta), one meeting in Central Georgia, and one meeting in South Georgia."
SECTION 10. Said chapter is further amended by striking Code Section 21-2-380, relating to definition of absentee elector, in its entirety and inserting in lieu thereof a new Code Section 21-2380 to read as follows:
"21-2-380. As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who:
(1) Is required to be absent from his or her precinct county 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."
SECTION 11. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, and inserting in

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lieu thereof a new paragraph (3) to read as follows: "(3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot. Applications for an official absentee ballot may not be distributed by any person, entity, or organization as part of or in connection with any publication which advocates the casting of a vote for a particular candidate, issue, or political party or body."
SECTION 12. Said chapter is further amended by striking Code Section 21-2-383, relating to preparation and delivery of absentee ballots, in its entirety and inserting in lieu thereof a new Code Section 21-2-383 to read as follows:
"21-2-383. (a) Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed with other instructions thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent. (b) Notwithstanding any other provision of this Code section, direct electronic recording voting systems may be used for casting absentee ballots in person at a registrars office or any additional sites authorized for absentee voting. In such cases, the absentee ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation until the challenge is resolved."
SECTION 13. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(a)(1) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided

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in this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee electors application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voters oath. Each electors name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrars or clerks office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or 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 and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the electors ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390."
SECTION 14. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be

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rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the 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 that candidate may offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidates mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, or sister-in-law."
SECTION 15. Said chapter is further amended by striking subsection (g) of Code Section 21-2-483, relating to counting of ballots, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g)(1) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot on which an overvote is indicated, along with any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed the voter desires to vote another ballot in order to correct mistakes, overvotes, or other problems.
(2)(A) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voters intent as described in subsection (c) of Code Section 21-2438. (B) A vote review panel shall be composed of the election superintendent and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party or body, the person shall be appointed by the state executive committee of the political party or body. The panel shall manually review all ballots rejected by the tabulator under subparagraph (A) of this paragraph and shall determine by majority vote whether the electors intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent shall control."
SECTION 16. Said chapter is further amended by striking Code Section 21-2-499, relating to duty of 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 Code Section 21-2-499 to read as follows:

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"21-2-499. (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. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office. (b) 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. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state. (b)(c) The Secretary of State shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133."
SECTION 17. Said chapter is further amended by striking Code Section 21-2-528, relating to appeals from courts determination on contest petition, in its entirety and inserting in lieu thereof a new Code Section 21-2-528 to read as follows:
"21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or the Court of Appeals as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court or the Court of Appeals, as appropriate, for a stay or supersedeas, and such courts court shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases."

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SECTION 18. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 21-2-540, relating to conduct of special elections generally, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(c)(1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters or a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and
(B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and
(C) In the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, any such special election shall only be held on:
(i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The third Tuesday in June; (iii) The date of the general primary; or (iv) The Tuesday after the first Monday in November."
SECTION 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 20. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

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Representatives Holmes of the 53rd et al. move to amend the Committee substitute to HB 1213 by deleting from line 25 on page 2 through line 6 on page 3 and inserting in lieu thereof the following:
"(1)(2) His or her residence, with street and number, if any, and his or her post office address; (2)(3) His or her profession, business, or occupation, if any; (3)(4) The name of his or her precinct; (4)(5) 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)(6) The name of the office he or she is seeking; (6)(7) That he or she is eligible to hold such office; (7)(8) 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)(9) That he or she will not knowingly violate this chapter or rules and regulations".
By striking line 17 through line 32 on page 3 and inserting in lieu thereof the following:
"(1)(2) His or her residence, with street and number, if any, and his or her post office address; (2)(3) His or her profession, business, or occupation, if any; (3)(4) The name of his or her precinct; (4)(5) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (5)(6) The name of the office he or she is seeking; (6)(7) That he or she is eligible to hold such office; (7)(8) 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 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)(9) That he or she will not knowingly violate this chapter or rules or regulations".
By striking lines 31 and 32 on page 7 and inserting in lieu thereof the following:

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"official absentee ballot may not be distributed by any person, entity, or organization which is physically attached to a publication which advocates for or against a".
By striking "or any additional sites authorized for absentee voting" on lines 21 and 22 on page 8.

The following amendment was read:

Representative Mills of the 21st et al. move to amend the Holmes amendment to HB 1213 as follows:
On page 1, between lines 19 and 20 and on page 2, after the period on line 3, insert the following:
"(10) That he or she is not a member of the Communist party and has never been a member of any terrorist organization recognized as such by the United States State Department."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson N Ashe Y Bannister N Barnard N Barnes
Bell N Benfield
Birdsong Black N Boggs N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter

Y Cox N Crawford
Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G E Dix N Dodson N Drenner N Dukes Y Ehrhart
Epps Y Everett N Floyd Y Forster Y Franklin N Gardner E Golick N Grasse N Graves N Greene

Y Hudgens Hudson, N
N Hudson, S N Hugley E Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson
Jordan E Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster Y Poag N Porter
Powell N Purcell N Ragas N Randall
Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner
Stephens N Stokes N Taylor E Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman

Y Burmeister Byrd
Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, FEBRUARY 28, 2002

Y Hammontree Hanner Harbin
N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes N Houston
Howard

N Maddox N Mangham Y Manning Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills Y Mobley Y Morris N Mosley

Rogers Royal Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 69, nays 79. The amendment was lost.

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N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles
Wilkinson N Willard Y Williams, J E Williams, R
Wix Y Yates
Murphy, Speaker

Representatives Graves of the 125th and Mosley of the 171st stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Byrd of the 170th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Wiles of the 34th moved that the House reconsider its action in failing to adopt the Mills amendment to the Holmes amendment.

On the motion, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson N Ashe Y Bannister Y Barnard N Barnes
Bell N Benfield
Birdsong Black Boggs N Bordeaux N Borders Y Bridges N Brooks

Y Cox N Crawford
Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G E Dix N Dodson N Drenner N Dukes Y Ehrhart
Epps Y Everett N Floyd

Y Hudgens Hudson, N
N Hudson, S Hugley
E Irvin Jackson, B
N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Johnson
Jordan E Joyce Y Kaye Y Keen

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall
Ray

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes

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N Broome Y Brown N Buck N Buckner N 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 N Connell Y Cooper

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Y Forster Y Franklin N Gardner E Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard

Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham N Manning Y Massey
McBee McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L
Rogers Royal Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

On the motion, the ayes were 69, nays 81. The motion was lost.

N Taylor E Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland
Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The following amendment was read and adopted:

Representative Walker of the 141st moves to amend the Holmes amendment to HB 1213 as follows:
On page 1, between lines 19 and 20 and on page 2, after the period on line 3, insert the following:
"(10) That he or she is not a member of the Communist Party."

The Holmes amendment, as amended, was adopted.

The following amendment was read and withdrawn:

Representatives Sims of the 167th and Poag of the 6th move to amend the Committee substitute to HB 1213 as follows:

THURSDAY, FEBRUARY 28, 2002
On page 2, line 25 Strike "His or her race or gender" and number accordingly.
Page 3, line 17 Strike "His or her race and gender"
number accordingly.
Page 3, line 18 Strike after the comma,"including the applicants social security number".

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The following amendment was read:

Representative Franklin of the 39th moves to amend the Committee substitute to HB 1213 by inserting after "social security number" on line 18 on page 4 the following:
"or the number of the applicants drivers license or identification card issued pursuant to Chapter 5 of Title 40".
By inserting after "applicant." on line 21 on page 4 the following:
"An applicant shall be authorized to submit the number of his or her drivers license or identification card issued pursuant to Chapter 5 of Title 40 in lieu of providing such applicants social security number.".

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 N Barnard N Barnes
Bell N Benfield N Birdsong
Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G E Dix N Dodson N Drenner N Dukes Y Ehrhart
Epps Y Everett N Floyd Y Forster

Y Hudgens Hudson, N
N Hudson, S N Hugley E Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson
Jordan E Joyce Y Kaye Y Keen Y Knox

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall
Ray N Reece

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor

1266
Y Brown N Buck N Buckner N 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 N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Franklin N Gardner E Golick Y Grasse Y Graves N Greene Y Hammontree
Hanner Y Harbin N Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard

N Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris Y Mosley

N Reed N Reichert Y Rice
Richardson Y Roberts, D
Roberts, L Rogers Royal Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 74, nays 83. The amendment was lost.

E Teague N Teper N Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The following amendment was read:

Representative Mueller of the 152nd moves to amend the Committee substitute to HB 1213 as follows:
Page 4, line 18 strike social security number, and add photo identification;

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 Y Barnard Y Barnes N Bell N Benfield N Birdsong
Black N Boggs

Y Cox Y Crawford N Cummings Y Davis Y Day
Dean E Deloach, B Y Deloach, G E Dix N Dodson N Drenner N Dukes

Y Hudgens Hudson, N
N Hudson, S N Hugley E Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter Y Powell

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
Snow N Squires N Stallings

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 N Connell Y Cooper

THURSDAY, FEBRUARY 28, 2002

Y Ehrhart Epps
Y Everett N Floyd
Forster Y Franklin N Gardner E Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin
Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard

Jordan E Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris Y Mosley

Y Purcell N Ragas N Randall
Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers
Royal Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 80, nays 78. The amendment was adopted.

1267
N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor E Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

Representative Sholar of the 179th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Holmes of the 53rd moved that the House reconsider its action in adopting the Mueller amendment.

On the motion, the roll call was ordered and the vote was as follows:

Y Allen N Amerson
Anderson Y Ashe N Bannister N Barnard N Barnes Y Bell N Benfield Y Birdsong
Black

N Cox N Crawford N Cummings N Davis N Day
Dean E Deloach, B N Deloach, G E Dix N Dodson N Drenner

N Hudgens Hudson, N
N Hudson, S Y Hugley E Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings

N Mueller N Muntean N O'Neal N Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster N Poag Y Porter

N Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling N Snow Y Squires

1268
Y Boggs 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 Y Coleman, T N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

Y Dukes N Ehrhart
Epps N Everett Y Floyd N Forster N Franklin N Gardner E Golick N Grasse N Graves Y Greene N Hammontree
Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard

Y Johnson Jordan
E Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox N Mangham N Manning N Massey Y McBee N McCall
McClinton Y McKinney N Millar N Mills
Mobley Y Morris N Mosley

N Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D
Roberts, L N Rogers
Royal Sailor N Sanders N Scheid Y Scott Y Seay N Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the motion, the ayes were 72, nays 86. The motion was lost.

Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman Y Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix
Yates Murphy, Speaker

The following amendment was read:

Representative Mueller of the 152nd moves to amend the Committee substitute to HB 1213 as follows:
Page 7, line 10 strike county and add precinct.

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 N Barnard

Y Cox N Crawford Y Cummings Y Davis Y Day
Dean

N Hudgens Hudson, N
N Hudson, S N Hugley E Irvin N Jackson, B

Y Mueller N Muntean N O'Neal N Orrock N Parham N Parrish

Y Smith, B Y Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T

N Barnes Bell
N Benfield N Birdsong
Black N Boggs N Bordeaux N Borders N Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn N Burkhalter N 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

THURSDAY, FEBRUARY 28, 2002

E Deloach, B N Deloach, G E Dix N Dodson N Drenner N Dukes N Ehrhart
Epps N Everett N Floyd Y Forster Y Franklin N Gardner E Golick Y Grasse Y Graves N Greene Y Hammontree
Hanner Y Harbin N Harrell N Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard

Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson
Jordan E Joyce Y Kaye N Keen N Knox N Lane N Lanier Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Massey N McBee N McCall N McClinton N McKinney N Millar N Mills N Mobley Y Morris N Mosley

Y Parsons Y Pelote Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall
Ray Reece N Reed N Reichert Y Rice N Richardson N Roberts, D Roberts, L N Rogers Royal Sailor N Sanders Y Scheid N Scott N Seay Y Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper

1269
N Smith, V N Smyre N Snelling Y Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens Y Stokes N Taylor E Teague N Teper N Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J Y Williams, R N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 43, nays 115. The amendment was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister

Y Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudgens Hudson, N
Y Hudson, S Y Hugley E Irvin

Mueller Y Muntean Y O'Neal Y Orrock Y Parham

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

1270
Y Barnard Y Barnes
Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Dean E Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin
Gardner E Golick Y Grasse 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 Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper

Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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.

Representatives Mueller of the 152nd and Sinkfield of the 57th 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 Skipper of the 137th assumed the chair.

Representative Cox of the 105th arose to a point of personal privilege and addressed the House.

THURSDAY, FEBRUARY 28, 2002

1271

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 32 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

Your Committee on Higher Education has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1306 Do Pass HB 1342 Do Pass, by Substitute

HB 1557 Do Pass HR 789 Do Pass

Respectfully submitted, /s/ Porter of the 143rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the

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JOURNAL OF THE HOUSE

House and has instructed me to report the same back to the House with the following recommendations:

HB 716 Do Pass, by Substitute HB 1115 Do Pass, by Substitute

HB 1157 Do Pass, by Substitute HB 1369 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1256 Do Pass, by Substitute HB 1437 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1433 Do Pass HB 1438 Do Pass HR 1227 Do Pass

THURSDAY, FEBRUARY 28, 2002

1273

Respectfully submitted, /s/ Epps of the 131st
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1206 Do Pass HB 1338 Do Pass

HB 1343 Do Pass, by Substitute HB 1511 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1245 Do Pass, as Amended HB 1337 Do Pass, by Substitute

HB 1494 Do Pass HB 1525 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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JOURNAL OF THE HOUSE

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1519 Do Pass HB 1565 Do Pass HR 1143 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

Representative Skipper of the 137th announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

FRIDAY, MARCH 1, 2002

1275

Representative Hall, Atlanta, Georgia Friday, March 1, 2002

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Allen Amerson Anderson Ashe Barnard Benfield Birdsong Black Boggs Borders Bridges Brooks Broome Brown Bulloch Bunn Burmeister Byrd Campbell Cash Childers Coleman, B Collins Connell Cox Crawford Cummings

Davis Day Deloach, B Deloach, G E Dix Dodson Drenner Ehrhart Epps Everett Floyd Forster Franklin Gardner E Golick Grasse Greene Hammontree Hanner Harbin Heard Hembree Henson Hines Houston Howard

Hudson, N Hugley E Irvin James Jamieson Jennings Johnson Jordan E Joyce Kaye Keen Knox Lane Lanier E Lewis Lord Lunsford Maddox Manning Massey McBee McCall E Millar Mills Mobley Morris

Mosley Mueller Muntean O'Neal Parrish Parsons Pelote Pinholster Porter Reece Rice Richardson Roberts, D Roberts, L Rogers Royal Sanders Scheid Scott Shanahan E Shaw Sholar Skipper Smith, C Smith, C.W Smith, L

Smith, P Smith, T Smith, V Snelling E Squires Stallings Stanley-Turner E Stephens Taylor E Teague Teper Tillman Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Williams, R Wix Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Bannister of the 77th, Barnes of the 97th, Bell of the 25th, Bordeaux of the 151st, Buck of the 135th, Buckner of the 95th, Burkhalter of the 41st, Coleman of the 142nd, Cooper of the 31st, Dean of the 48th, Dukes of the 161st, Graves of the 125th, Harrell of the 62nd, Heckstall of the 55th, Holmes of the 53rd, Hudgens of the 24th, Hudson of the 120th, Jackson of the 112th, Jenkins of the 110th, Lucas of the 124th, Mangham of the 75th, McClinton of the 68th, Parham of the 122nd, Poag of the 6th,

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JOURNAL OF THE HOUSE

Powell of the 23rd, Purcell of the 147th, Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reed of the 52nd, Reichert of the 126th, Seay of the 93rd, Sims of the 167th, Sinkfield of the 57th, Smith of the 91st, Smyre of the 136th, Snow of the 2nd, Stanley of the 49th, Stokes of the 92nd, and Yates of the 106th.
They wish to be recorded as present.

Prayer was offered by the Reverend Steve W. Stokes, Pastor, Jones Creek Baptist Church, Ludowici, 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:

FRIDAY, MARCH 1, 2002

1277

HB 1622. By Representatives Jackson of the 148th, Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Childers of the 13th and others:
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 change a conviction for practicing dentistry without a license to a felony and to establish penalties for such conviction; and for other purposes.

Referred to the Committee on Health & Ecology.

HB 1623. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and Yates of the 106th:
A BILL to amend an Act providing for the composition of the Board of Education of Coweta County, so as to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1624. By Representative Lewis of the 14th:
A BILL to amend Code Section 19-5-3 of the Official Code of Georgia Annotated, relating to grounds for divorce, so as to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; and for other purposes.

Referred to the Committee on Judiciary.

HB 1625. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd, Jordan of the 96th and Dodson of the 94th:
A BILL to amend an Act creating the Clayton County Board of Commissioners, so as to increase the membership of the board to six members; to provide for the election of members of the board; to provide for terms of office; to provide for related matters; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1626. By Representative Hugley of the 133rd:
A BILL to amend an Act relating to the board of commissioners of Talbot County, so as to repeal certain provisions relating to filling of vacancies; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1627. By Representative Harbin of the 113th:
A BILL to amend Code Section 7-1-940 of the Official Code of Georgia Annotated, relating to definitions, so as to include females in the definition of minorities; to amend Code Section 48-7-38 of the Official Code of Georgia Annotated, relating to tax deductions for payments to minority subcontractors, so as to include females in the definition of minorities; to amend Code Section 50-5-131 of the Official Code of Georgia Annotated, relating to definitions, so as to include females in the definition of minorities; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1628. By Representatives Westmoreland of the 104th, Murphy of the 18th, Coleman of the 142nd and Smith of the 103rd:
A BILL to amend Code Section 36-5-27 of the Official Code of Georgia Annotated, relating to compensation supplement with designation as a certified county commissioner, so as to include county commissioners who have served for eight consecutive years and who have certain certifications; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1629. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:

FRIDAY, MARCH 1, 2002

1279

A BILL to provide for the filling of vacancies in the office of sheriff of Henry County; to provide for a chief deputy sheriff and deputy sheriffs and the powers, duties, service, and compensation thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1630. By Representatives Teague of the 58th, Mangham of the 75th, DeLoach of the 172nd, Epps of the 131st and Teper of the 61st: A BILL to amend Part 4 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to minority business enterprise development, so as to require the Department of Administrative Services to issue a Minority Business Enterprise Participation Report by October 1 of each year; and for other purposes.
Referred to the Committee on Industry.
HB 1631. By Representative O'Neal of the 139th: A BILL to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1632. By Representative Amerson of the 7th: A BILL to amend an Act incorporating the City of Morganton, so as to change the number of members of the city council; to change the provisions relating to the election of the mayor and councilmembers; to change the provisions relating to vacancies; and for other purposes
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1633. By Representatives Stanley of the 49th, Stanley of the 50th, Massey of the 86th, McCall of the 90th and Powell of the 23rd:
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; to redefine the term "convicted" for such purposes; and for other purposes.

2/28/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1633. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stanley District 49

Referred to the Committee on Public Safety.

HB 1634. By Representatives Borders of the 177th, Lord of the 121st, Sims of the 167th and West of the 101st:
A BILL to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, so as to provide for authority to cremate a deceased person; to provide for persons who may authorize such cremation; to provide an immunity from civil and criminal liability; and for other purposes.

Referred to the Committee on Industry.

FRIDAY, MARCH 1, 2002

1281

HB 1635. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Commissioners of Decatur County, so as to reapportion the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1636. By Representatives Millar of the 59th, Harrell of the 62nd, Henson of the 65th, Drenner of the 66th, Sailor of the 71st and others:
A BILL to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1637. By Representative Parsons of the 40th:
A BILL to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to provide that animal shelters shall be subject to regulation by certain applicable local zoning and animal control ordinances; to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to provide that agricultural operations that breed or keep dogs shall be subject to regulation by applicable local zoning and animal control regulations; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 1638. By Representatives Wix of the 33rd, Golick of the 30th, Johnson of the 35th, Parsons of the 40th, Manning of the 32nd and others:

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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 1639. By Representatives Harrell of the 62nd, Davis of the 60th, Watson of the 70th, Ragas of the 64th, Sailor of the 71st and others:
A BILL to amend an Act creating a new charter for the City of Chamblee, so as to change the election districts to provide for two at-large districts and three numbered districts; to define the boundaries of the three numbered districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1640. By Representatives Davis of the 60th, Jennings of the 63rd, Millar of the 59th, Ragas of the 64th, McClinton of the 68th and others:
A BILL 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 for certain residents of that county who are senior citizens; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1641. By Representatives Davis of the 60th, Jennings of the 63rd, Millar of the 59th, McClinton of the 68th, Mangham of the 75th and others:
A BILL to provide for a homestead exemption from certain DeKalb 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 for certain residents of that school district who are senior citizens; and for other purposes.

FRIDAY, MARCH 1, 2002

1283

Referred to the Committee on State Planning & Community Affairs - Local.
HR 1296. By Representative Parham of the 122nd: A RESOLUTION designating the "J.T. 'Sonny' King Memorial Regional Office" of the Georgia Bureau of Investigation at Milledgeville; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 1308. By Representatives Channell of the 111th, Parrish of the 144th and Jamieson of the 22nd: A RESOLUTION creating the House Tourism and Sports Marketing Study Committee; 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 Committees:
HB 1653. By Representative Greene of the 158th: A BILL to amend an Act creating the Board of Commissioners of Randolph County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1654. By Representative Greene of the 158th: A BILL to amend an Act reconstituting the Board of Education of Randolph County, so as to change the description of the education districts; and for other purposes.

1284

JOURNAL OF THE HOUSE

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 1607 HB 1608 HB 1609 HB 1610 HB 1611 HB 1612 HB 1613 HB 1614 HB 1615 HB 1616

HB 1618 HB 1619 HB 1620 HB 1621 HR 1285 HR 1286 HR 1287 HR 1293 SB 443

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:

HB 1616. By Representative Floyd of the 138th:
A BILL to amend Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Surface Mining Act of 1968," so as to change the definition of surface mining; to change the provisions relating to borrow pits; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:

HB 1621. By Representatives Powell of the 23rd, Hudson of the 156th, Murphy of the 18th and Skipper of the 137th:

FRIDAY, MARCH 1, 2002

1285

A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to provide for additional requirements with respect to affixing tax stamps on cigarettes; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Attorney General and the state revenue commissioner; and for other purposes.

The motion prevailed.

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

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 1573 Do Pass HB 1574 Do Pass HB 1583 Do Pass HB 1586 Do Pass HB 1591 Do Pass HB 1593 Do Pass

HB 1594 Do Pass HB 1598 Do Pass HB 1601 Do Pass HB 1602 Do Pass HB 1605 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1564 Do Pass, by Substitute

1286

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 1, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

HB 1106 HB 1320
HB 1377 HB 1422 HR 1073 HR 1145 SR 574
SR 575

Ad valorem tax exemptions; certain counties; population classification Grounds for continuance; appellate court cases; General Assembly members Environmental Training and Education Authority; membership Soil and Water Conservation Commission; amend provisions Ad valorem tax; separate class; certain low-income projects - CA BellSouth call centers in Georgia; urge reconsider relocating Property Conveyances; Bibb County; Cobb County; Spalding County; Wilkes County and Hamilton County, Tennessee Property Easements; Baldwin, Bibb, Butts, Cobb, Coweta, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, Upson

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Smith of the 19th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local:

FRIDAY, MARCH 1, 2002

1287

HB 1586. By Representative Smith of the 19th:
A BILL to amend an Act creating the Etowah Water and Sewer Authority, so as to change provisions relating to the issuance of revenue bonds; to remove a monetary limitation on debt of the authority; to provide for a limitation of 40 years on the maturity of revenue bonds of the authority; to provide expressly for certain intergovernmental contracts between the authority and Dawson County; and for other purposes.
The motion prevailed.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1573. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to provide a new charter for the City of Lavonia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1574. By Representative Houston of the 166th:
A BILL to provide a new charter for the City of Berlin; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1583. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:
A BILL to amend an Act creating the State Court of Henry County, so as to provide for an additional judge for said court; and for other purposes.

1288

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1591. By Representative Birdsong of the 123rd:
A BILL to amend an Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, so as to increase the amount of such exemption to $25,000.00 of the assessed value of the homestead; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1593. By Representative Bell of the 25th:
A BILL to amend an Act establishing a system of public schools in the City of Jefferson, so as to revise the districts for the election 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.
HB 1594. By Representative Bell of the 25th:
A BILL to amend an Act providing a new charter for the City of Jefferson, so as to change the description of the council districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1598. By Representatives Manning of the 32nd, Wix of the 33rd, Collins of the 29th, Johnson of the 35th, Parsons of the 40th and others:

FRIDAY, MARCH 1, 2002

1289

A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1601. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to amend an Act relating to the Board of Education of Colquitt County, so as to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1602. 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 reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1605. By Representative Murphy of the 18th:
A BILL to amend an Act relating to the board of education of Haralson County, so as to change the composition of the districts from which members of the board are elected; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1290

JOURNAL OF THE HOUSE

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Cooper

Y Cox Y Crawford 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 Gardner E Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner
Harbin Y 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
Irvin Y Jackson, B
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas
Randall Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Scott Y Seay Y Shanahan E Shaw Y Sholar Sims Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates Y Murphy, Speaker

On the passage of the Bills, the ayes were 143, nays 0. The Bills, having received the requisite constitutional majority, were passed.

FRIDAY, MARCH 1, 2002

1291

Representatives Birdsong of the 123rd, Scott of the 165th, Sims of the 167th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 215. By Senators Brush of the 24th, Stephens of the 51st and Cable of the 27th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any living elected public official; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 389. By Senators Jackson of the 50th, Smith of the 25th, Butler of the 55th, Marable of the 52nd and Tate of the 38th:
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 enable the State of Georgia to transfer and exchange inmates with foreign countries that have entered into treaties with the United States for that purpose; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 395. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to provide for a homestead exemption from certain City of Austell ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

1292

JOURNAL OF THE HOUSE

SB 465. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to authorize the Georgia Student Finance Authority to establish and administer education loan forgiveness programs for attorneys working in the area of public interest; to provide for legislative findings; to establish a nonprofit corporation to administer the fund for the programs; to provide an additional purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 502. By Senator Jackson of the 50th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2798), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 5959), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 503. By Senator Jackson of the 50th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved April 23, 1998 (Ga. L. 1998, p. 4652), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 785. By Representatives Smith of the 169th, Cummings of the 27th, Smyre of the 136th, Hudgens of the 24th and McBee of the 88th:
A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain state authorities in the Employees' Retirement System of Georgia, so as to

FRIDAY, MARCH 1, 2002

1293

provide for membership in such retirement system by employees of the Georgia Rail Passenger Authority; and for other purposes.
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.
HB 1379. By Representatives Snelling of the 99th and Hembree of the 98th:
A BILL to amend an Act providing for election districts for the board of education of Douglas County, so as to provide for compensation of members; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 604. By Senators Starr of the 44th, Dean of the 31st, Meyer von Bremen of the 12th, Hill of the 4th, Polak of the 42nd and others:
A RESOLUTION creating the Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; and for other purposes.
SR 660. By Senator Beatty of the 47th:
A RESOLUTION designating the Floyd Hoard Memorial Highway; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1085. By Representatives Rice of the 79th, Unterman of the 84th, Coleman of the 80th, Massey of the 86th, Williams of the 83rd and others:
A BILL to amend an Act creating the Board of Commissioners of Gwinnett County, so as to reapportion the commissioner districts; and for other purposes.

1294

JOURNAL OF THE HOUSE

The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1249. By Representatives Golick of the 30th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd, Hines of the 38th and others:
A BILL to amend an act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1535. By Representatives Yates of the 106th and Sanders of the 107th:
A BILL to amend an Act entitled "Griffin-Spalding County School System," so as to revise the districts for the election of members of the board of education; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1294. By Representatives Walker of the 141st, Skipper of the 137th, Westmoreland of the 104th, Ehrhart of the 36th, Smyre of the 136th and others:
A RESOLUTION relative to adjournment; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1312. By Representatives Borders of the 177th, Buck of the 135th, Smith of the 175th, Black of the 178th, Shaw of the 176th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; 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:

FRIDAY, MARCH 1, 2002

1295

SB 215. By Senators Brush of the 24th, Stephens of the 51st and Cable of the 27th:
A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state property, so as to prohibit the naming or renaming of state property for any living elected public official; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
SB 389. By Senators Jackson of the 50th, Smith of the 25th, Butler of the 55th, Marable of the 52nd and Tate of the 38th:
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 enable the State of Georgia to transfer and exchange inmates with foreign countries that have entered into treaties with the United States for that purpose; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
SB 395. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to provide for a homestead exemption from certain City of Austell ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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.

1296

JOURNAL OF THE HOUSE

SB 465. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to authorize the Georgia Student Finance Authority to establish and administer education loan forgiveness programs for attorneys working in the area of public interest; to provide for legislative findings; to establish a nonprofit corporation to administer the fund for the programs; to provide an additional purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 502. By Senator Jackson of the 50th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2798), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 5959), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 503. By Senator Jackson of the 50th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved April 23, 1998 (Ga. L. 1998, p. 4652), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 1, 2002

1297

Referred to the Committee on State Planning & Community Affairs - Local.

SR 604. By Senators Starr of the 44th, Dean of the 31st, Meyer von Bremen of the 12th, Hill of the 4th, Polak of the 42nd and others:
A RESOLUTION creating the Joint Study Committee on Alternative and Environmentally Sensitive Truck Fuels; and for other purposes.

Referred to the Committee on Rules.

SR 660. By Senator Beatty of the 47th:
A RESOLUTION designating the Floyd Hoard Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1377. By Representatives Hanner of the 159th and Shaw of the 176th:
A BILL to amend Code Section 50-35-3 of the Official Code of Georgia Annotated, relating to the board of directors of the Georgia Environmental Training and Education Authority, compensation, and reimbursement, so as to change the membership of such authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen N Amerson Y Anderson

N Cox Y Crawford Y Cummings

N Hudgens Y Hudson, N Y Hudson, S

Mueller N Muntean Y O'Neal

Smith, B Y Smith, C Y Smith, C.W

1298
Y Ashe Bannister
Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn
Burkhalter N Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

N Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner E Golick N Grasse Y Graves
Greene Hammontree Y Hanner Harbin Y Harrell Y Heard Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Houston Y Howard

Y Hugley N Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce N Kaye N Keen N Knox Y Lane N Lanier E Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

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 Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan E Shaw Y Sholar Y Sims
Sinkfield Y Skipper

Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West N Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J N Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 117, nays 33. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burkhalter of the 41st, Greene of the 158th, Houston of the 166th and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

FRIDAY, MARCH 1, 2002

1299

HB 1106. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions relative to ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions relating to the definition of homestead; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
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 E Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene
Hammontree Hanner Harbin Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Mueller Y Muntean Y O'Neal 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 Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders
Scheid Y Scott Y Seay Y Shanahan E 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
Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

1300

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burkhalter of the 41st and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1422. By Representatives Sims of the 167th and Smith of the 169th:
A BILL to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to change certain provisions relating to the State Soil and Water Conservation Commission and its chairman, quorum, compensation, surety bonds, records, and audits; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
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 E Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner E Golick N Grasse Y Graves

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
Jordan E Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas

Mueller Y Muntean Y O'Neal 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 Reichert N Rice Y Richardson Y Roberts, D

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
Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman
Turnquest Y Twiggs

Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, MARCH 1, 2002

Y Greene Hammontree Hanner Harbin
Y Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Lunsford Y Maddox Y Mangham Y Manning N 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 N Sanders Y Scheid Y Scott Y Seay Y Shanahan E Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

1301
Y Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 146, nays 9. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burkhalter of the 41st and Stanley of the 49th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1320. By Representatives Bordeaux of the 151st, Wiles of the 34th, Dix of the 76th and Benfield of the 67th:
A BILL to amend Code Section 9-10-150 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, so as to provide for continuances from appellate courts and clarify an attorney's duties; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-10-150 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, so as to provide for continuances from appellate courts and clarify an attorneys duties; to amend Code Section 17-8-26 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and

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the attendance of a party or attorney; 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 9-10-150 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, is amended by striking said Code section and inserting in lieu thereof the following:
"9-10-150. It shall be the duty of the judge of any trial court or administrative agency of this state to continue, on or without motion, any case in the court, any hearings on motions, and the response to any motion or suit, when any party thereto or his or her attorney shall, when the case or the time for the hearing, the response to the motion, or answer to the suit is reached, be absent from the court by reason of his or her membership in the General Assembly or if lead counsel in such case shall be absent, by reason of his or her service on the staff of the Lieutenant Governor, Speaker of the House of Representatives, President Pro Tempore, Speaker Pro Tempore, or the chairperson of the Judiciary Committee or Special Judiciary Committee of the Senate or House of Representatives. Any such continuance shall last during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party, in the absence of his or her attorney, or the attorney, in the absence of the party, shall, on the call of the case or motion, announce ready to proceed with the trial or the motion; provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his or her other counsel that the absent counsel is necessary or desirable for the proper handling of the case. Notwithstanding any other provision of law, the period of time provided for the doing of any act in a case in which a continuance is granted shall be automatically extended by the length of the continuance upon certification by the absent counsel that (1) he or she is lead counsel in the case and (2) it is necessary for him or her to attend to the matters for which an extension is granted for the proper handling of the case. A member of the General Assembly who is a party to or the attorney for a party to a case, or any member of the staff of the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, or the chairperson of the Judiciary Committee or Special Judiciary Committee of either the Senate or the House of Representatives who is the lead counsel for a party to a case pending in any trial or appellate court or before any administrative agency of this state, shall be granted a continuance and stay of the case. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or

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motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, trial, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly and during the first three weeks following any recess or adjournment including an adjournment sine die of any regular or extraordinary session. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered."
SECTION 2. Code Section 17-8-26 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, is amended by striking said Code section and inserting in lieu thereof the following:
"17-8-26. It shall be the duty of the judge of any trial court or administrative agency of this state to continue, on or without motion, any case in the court, any hearings on motions, and the response to any motion or suit, when any party thereto or his or her attorney shall, when the case or the time for the hearing, response to the motion, or answer to the suit is reached, be absent from the court by reason of his or her membership in the General Assembly. The continuance shall extend during the entire length of any regular or extraordinary session of the General Assembly and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party in such absence of his or her attorney or the attorney in such absence of the party shall, on the call of the case or motion, announce ready to proceed with the trial or the motion. When a case, motion, or hearing is called and is subject to continuance because the party's attorney is a member of the General Assembly, the party shall not be required to be present at the call of the case, motion, or hearing. Where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his or her other counsel that the absent counsel is necessary or desirable for the proper handling of the case. Notwithstanding any other provision of law and to the extent permitted by the Constitutions of the United States and the State of Georgia, the period of time for the doing of any act in a case in which a continuance is granted shall be automatically extended by the length of the continuance upon certification by the absent counsel that (1) he or she is lead counsel in the case and (2) it is necessary for him or her to attend to the matters for which an extension is granted for the proper handling of the case. A member of the General Assembly who is a party to or the attorney for a party to a case which is pending in any trial or appellate court or before any administrative agency of this state shall be granted a continuance and stay of the case. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any

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discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing, pretrial appearance, arraignment, plea or motion calendar, trial, or argument. When a case, motion, hearing, or argument is called and is subject to a continuance or stay under this Code section due to the partys attorneys membership in the General Assembly, the party shall not be required to be present at the call of the case, motion, hearing, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly and during the first three weeks following any recess or adjournment, including an adjournment sine die of any regular or extraordinary session. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, and to the extent permitted by the Constitutions of the United States and of the State of Georgia, the time for doing any act in the case which is delayed by the continuance or stay provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown

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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane

Mueller Y Muntean Y O'Neal 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, 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
Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E Teague

Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

FRIDAY, MARCH 1, 2002

Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan E Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

1305
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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

HB 498. By Representatives Murphy of the 18th, Heard of the 89th, McBee of the 88th and Epps of the 131st:
A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and substance abuse boards and planning units and to transfer functions and duties to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources; and for other purposes.

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The following Senate substitute was read:

A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the organization of the mental disability service system; to change certain definitions; to provide for legislative findings and purposes; to provide for regional offices within the division and their duties and functions; to create regional behavioral health and developmental disabilities planning boards and their duties and responsibilities; to provide for appointments to regional planning boards; to provide for changes in the powers and duties of community service boards; to provide for appointments to community service boards; to establish eligibility for appointment to regional planning boards and community service boards; to provide for reimbursement of actual expenses of regional planning board and community service board members; to provide for a community ombudsman program; to provide for community service boards to convert their organizational structures; to amend the Official Code of Georgia Annotated to make conforming changes; to provide for all related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subparagraph (e)(2)(B) of Code Section 15-11-63, relating to designated felony acts, definitions, restrictive custody disposition, and notice to schools, and inserting in its place the following:
"(B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities under the Department of Human Resources;".

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SECTION 1-2. Said chapter is further amended by striking subsections (c) and (e) of Code Section 1511-149, relating to disposition of mentally ill or mentally retarded child, and inserting in their places the following:
"(c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the Department of Human Resources." "(e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the Department of Human Resources as provided in this Code section."
SECTION 1-3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Code Section 31-3-12.1, relating to contracts between county boards, authorization for, and provisions applicable to county board of health serving as community service board, and inserting in its place the following:
"31-3-12.1. In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with a regional the department or a community mental health, mental retardation, and substance abuse service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and substance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board this Code section. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substance abuse or such supervisor of

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the specific service shall report directly to the community service board or the county board of health, whichever is applicable, and shall have no formal reporting relationship with the director of the county board of health. If a county board of health exercises the authority granted pursuant to this Code section and Chapter 2 of Title 37 to serve as a community service board, the membership of the county board of health shall constitute the community service board and, at any time that such members are exercising duties and powers related to mental health, mental retardation, and substance abuse, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the appropriate regional board, as defined in Chapter 2 of Title 37, department prior to adoption."
SECTION 1-4. Said title is further amended by striking paragraph (3) of subsection (f) of Code Section 31-5A-4, relating to departments powers, duties, functions, and responsibilities, divisions, and directors, and inserting in its place the following:
"(3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities, and the Office Division of Aging Services thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers Compensation, and the Governors Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee;".
SECTION 1-5. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Articles 1 and 2 of Chapter 1, relating to definitions and powers and duties of the Department of Human Resources, respectively, and inserting in their respective places the following:
"ARTICLE 1
37-1-1. As used in this title, the term:

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(1) 'Behavioral health' includes mental or emotional illness, substance abuse, and addictive disease. (2) 'Board' means the Board of Human Resources. (3) 'Commissioner' means the commissioner of human resources. (4) 'Community service board' means a public board established pursuant to Code Section 37-2-6, which board governs the provision of certain disability services not provided by other public or private providers under contract with the department. (5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (6) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (7) 'Department' means the Department of Human Resources and includes its duly authorized agents and designees. (8) 'Division' means the Division of Behavioral Health and Developmental Disabilities. (9) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (10) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution. (11) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43. (12) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1. (13) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (14) 'Regional director' means an employee of the department who acts as the departments agent and designee to manage community and hospital services for consumers of disability services within a behavioral health and developmental disabilities region established in accordance with Code Section 37-2-3. (15) 'Regional planning board' means a behavioral health and developmental disabilities planning board established in accordance with Code Section 37-2-4.1. (16) 'Regional services administrator' means an employee of the department who, under the supervision of the regional director, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment and coordination of services, and ongoing monitoring and evaluation of services provided within a behavioral health and developmental disabilities region established in accordance with Code Section 37-2-3. (17) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision

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of the regional director, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a behavioral health and developmental disabilities region established in accordance with Code Section 37-2-3. (18) 'Resident' means a person who is a legal resident of the State of Georgia. (19) 'Service area' means a community service area.
37-1-2. (a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality behavioral health and developmental disability services. The General Assembly also finds that the needs of the publicly funded behavioral health and developmental disability system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with behavioral health or developmental disability needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following:
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5) Planning should reside at the local level, with the primary authority vested in local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction;

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(8) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9) Consumers and families should have a single, community based point of entry into the system; (10) Consumers, staff, providers, and regional planning board and community service board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with behavioral health needs or developmental disabilities who are served by the public system and to protect consumers of these services from abuse and maltreatment. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for behavioral health and developmental disability programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of this chapter and Chapter 2 of this title is to provide for a comprehensive and improved behavioral health and developmental disability services planning and delivery system in this state which will develop and promote the essential public interests of the state and its citizens. The provisions of this chapter and Chapter 2 of this title shall be liberally construed to achieve their purposes.
ARTICLE 2 37-1-20. (a) The Division of Behavioral Health and Developmental Disabilities shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board. (b) The department, through the division, shall:
(1) Establish, administer, and supervise the state programs for behavioral health and developmental disabilities; (2) Direct, supervise, and control the medical and physical care, treatment, and rehabilitation provided by the institutions and programs under its control, management, or supervision; (3) Have authority to contract for services with: community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, choice of providers for consumers, and to comply with the applicable federal laws, rules and regulations related to public or private hospitals; hospital authorities; medical schools, and training and educational

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institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; the United States government or the government of any other state; (4) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health; (6) Assign specific responsibility to one or more units of the division for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7) Establish a system for regional administration of behavioral health and developmental disability services in institutions and in the community under the supervision of a regional director; (8) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1, to fund the operation of behavioral health and developmental disability facilities and programs; (9) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; and (11) Disseminate information about available services and the facilities through which such services may be obtained. (c) The department shall: (1) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (2) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; and (3) Assign specific responsibility to one or more units of the division for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs.
37-1-21. (a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; state hospitals for the treatment of tubercular patients; programs for the care, custody,

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and treatment of addictive disease; and other facilities, institutions or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties:
(1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution or program; and (5) To have full authority to receive patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section. (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law.

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37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in behavioral health and developmental disability programs.
37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and the division are directed to make the boards and the departments rules available for distribution.
37-1-24. No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function."
SECTION 1-6. Said title is further amended by striking Article 1 of Chapter 2, relating to general provisions, and inserting in its place the following:
"ARTICLE 1
37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities.

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(d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section.
37-2-2. As used in this chapter, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2) 'Community service board' means a public board established pursuant to Code Section 37-2-6, which board governs the provision of certain disability services not provided by other public or private providers under contract with the department. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (4) 'Developmental disability' includes mental retardation and other neurologically disabling conditions, including epilepsy, cerebral palsy, and autism, which require treatment similar to that for individuals with mental retardation. (5) 'Director' means the director of the Division of Behavioral Health and Developmental Disabilities. (6) 'Disability' means:
(A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (7) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (8) 'Disabled' means any person or persons who have a disability. (9) 'Division' means the Division of Behavioral Health and Developmental Disabilities of the Department of Human Resources. (10) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community. (11) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (12) 'Regional office' means a regional behavioral health and developmental disabilities office created pursuant to Code Section 37-2-4.1 as an office of the division which shall serve as the entity for the administration of disability services in a region. (13) 'Regional planning board' means a regional behavioral health and developmental disabilities board established in accordance with Code Section 37-2-4.1.
37-2-2.1. The Department of Human Resources shall have a Division of Behavioral Health and Developmental Disabilities.

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37-2-3. (a) The board shall designate boundaries for behavioral health and developmental disabilities regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The division, with the approval of the commissioner, shall designate community service areas, which shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of delivering disability services. The division shall be authorized to initiate the redesignation of such community service area boundaries and may consider requests from a county or group of counties for recommended changes to the boundaries of the community service areas. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit or conflict with any districts established by the department and the state relating to the planning for, or delivery of, health services. In dividing the state into areas, the board, the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services.
37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governors Advisory Council for Mental Health, Mental Retardation, and Substance Abuse, referred to in this chapter as the 'Governors council.' The Governors council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governors council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. (b) The Governors council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governors council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner, and to any other individual or agency deemed appropriate. The Governors council shall further receive and consider complaints and grievances

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submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governors council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, and other private or public providers in the performance of their duties.
37-2-4.1. (a) The division shall create regional behavioral health and developmental disability offices. The number of these offices may be modified from time to time as deemed necessary by the division. (b) The division shall create a separate regional behavioral health and developmental disabilities planning board for each regional office established under subsection (a) of this Code section. Each board shall provide and facilitate coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the division. Each board shall be designated with such identifying words before the term 'regional behavioral health and developmental disabilities planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
37-2-5. (a) Each regional planning board shall engage in disability services planning within its region and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional planning board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and

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(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest behavioral health and developmental disabilities; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the regional planning board, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)(1) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(A) A member of the regional planning board which serves the region in which that community service board is included; or (B) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (2) A person shall not be eligible to be appointed to or serve on a community service board if such persons spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in subparagraph (A) or (B) of paragraph (1) of this subsection. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional mental health, mental retardation, and substance abuse board or a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on a regional planning board or a regional mental health, mental retardation, and substance abuse board. A person who has served on a regional mental health, mental retardation, and substance abuse board and who becomes a member of a regional planning board on June 30, 2002, may not be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (c) In making appointments to the regional planning board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as

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advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates.
(d)(1) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2) The initial term of a new member of a regional planning board shall be determined by the commissioner in order to establish staggered terms on the board. At such time as the terms of the members of the board are equally staggered, the term of a member of the regional planning board shall be for a period of three years and until the members successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board may impose under its bylaws. Vacancies on the regional planning board shall be filled in the same manner as the original appointment. (e) Prior to December 31, 2002, each regional planning board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional planning board shall be elected from among the members of the board to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. Prior to their adoption by the regional planning board, the bylaws shall be submitted to the division for review and approval. The regional planning board must have the written approval of the director of the division prior to the adoption of bylaws. (f) The regional planning board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning board. (g) Each member of the regional planning board may, upon approval of the regional director, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal

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car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section.
37-2-5.1. (a) Each region shall be served by a regional director, who shall be duly qualified and appointed by the director of the division. The regional director shall serve as the director of the regional office, which shall be a unit of the division. The regional director shall serve at the pleasure of the division director. The director of the division shall be authorized to appoint an interim regional director at any time that the position of regional director is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional director may appoint such other staff including a regional services administrator and a regional state hospital administrator and personnel to work for the regional office as that regional director deems necessary and appropriate. The regional director and such staff and personnel shall be employees of the division. Expenses for the regional office and planning board, the employment of the regional director, other staff and personnel, and the operation of the regional office shall be charged against the funding allocated to the region for service delivery within the established region. The department and the division may impose limits on the administrative and operating expenditures of the regional office and planning board.
(c)(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the appropriate regional office; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division shall establish guidelines to ensure that regional offices receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements.

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(3) The division, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division shall ensure that the regional offices develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization.
37-2-5.2. (a) Each regional office shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan and mechanism for the funding and provision of all disability services in the region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region; (3) To exercise responsibility and authority within the region in all matters relating to the funding and delivery of disability services; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to behavioral health and developmental disability services; (5) To make contracts with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to make and enter into all contracts necessary or incidental to the performance of duties and functions of the division and regional office; (6) To encourage the development, in cooperation with the division, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To submit annual reports to the division, the Governors council, and such other agencies or individuals deemed appropriate, which reports shall evaluate the efficiency and effectiveness of disability services in the region; (8) To serve as the representative of the citizens of the area in regard to disability services; (9) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (10) To assure the highest achievable level of public awareness and understanding of both available and needed disability services;

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(11) To visit regularly disability services facilities and programs which serve the region in order to evaluate the effectiveness and appropriateness of the facilities and programs in delivering services; and (12) To participate with other regional offices and planning boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities:
(A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (B) To establish goals and objectives, not inconsistent with those established by the division and the department, for its region; and (C) To participate in the establishment and operation of a data base and network, coordinated by the division, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division the flexibility and authority necessary to contract with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Regional offices are specifically authorized to contract directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. Such contracts may be made directly between the regional offices and the contractors. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the division. The audit of such activity shall be part of the annual audit of the department.
37-2-6. (a) There shall be created community mental health, mental retardation, and substance abuse service boards, in conformity with the areas established pursuant to subsection (b) of Code Section 37-2-3, which shall govern the provision of certain disability services not provided by other public or private providers under contract with the department. Community mental health, mental retardation, and substance abuse service boards shall be established as public agencies. (b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board;

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(2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the division for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and
(6)(A) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is:
(i) A member of the community service board which serves that region; or (ii) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. (B) A person shall not be eligible to be appointed to or serve on a regional planning board if such persons spouse, parent, child, or sibling is a member of such regional planning board or a member, employee, or board member specified in division (i) or (ii) of subparagraph (A) of this paragraph. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that appointments are reflective of the cultural and

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social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d) Each county within the boundaries established for the community service board shall be required to participate with the board in the operation of the program through the community service board. Each community mental health, mental retardation, and substance abuse service area in existence on June 30, 1994, shall automatically be succeeded by the community service board for the same region as of July 1, 1994, and each such community service board shall be governed, from and after July 1, 1994, by this chapter. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of such service area, or the county board of health involved in administering programs in such area, unless continued by the current service providers, shall automatically become duties, obligations, rights, and benefits of its respective successor community service board or other successor entity. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993;
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision

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of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall be responsible for adopting bylaws and operational policies and guidelines in conformity with procedures established by the division. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, not including ex officio members, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of such board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against

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any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court.
37-2-6.1. (a) Each community service board shall be responsible for employing a program director, and other necessary staff, adopting an annual budget, and securing appropriate facilities, sites, and professionals necessary for the provision of disability services. The program director of the community service board may appoint such other staff and personnel as that program director and board deem necessary and appropriate. The community service board may delegate any power, authority, duty, or function to its program director or other staff. The program director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire and dispose of real and personal property; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested;

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(B) Life insurance coverage and coverage under federal old age and survivors insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regulations of the state merit system; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may make contracts and establish fees for the provision of disability services; provided, however, that such contract and fees shall be in compliance with guidelines established by the division and the regional office; (10) Each community service board may accept appropriations or loans of funds, facilities, equipment, and supplies from the local governmental entities within their program boundaries; and (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same milage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes.
37-2-6.2. (a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994.

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Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 1994, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards. (b) As to those persons employed by the division, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by: (1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) Any private provider of disability services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction

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in force caused by any other state department or agency which has ceased to contract with the department for the services which had been provided by the terminated state personnel.
37-2-7. (a) The division shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional offices as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. In developing the state plan, the division shall request input from the regional offices and planning boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division and the regions. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governors council, the regional planning boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordinating services in accordance with Code Section 37-2-9.
37-2-8. Reserved.
37-2-9. To the maximum extent possible, disability services provided by the division and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.

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37-2-9.1. (a) Each regional planning board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of law. (b) Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.
37-2-10. (a) Notwithstanding any other provisions of the law, the director with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director, with concurrence of the commissioner and the Governor, may:
(1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees.
37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division.

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(b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional offices, shall be reported to the regional offices and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services. The division shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The regional offices shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the regional offices; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay.
37-2-11.1. (a) Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the community service board. (b) In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the division and shall be afforded the assistance of legal counsel from the Attorney General.
(c)(1) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. (2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies.

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37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the Department of Human Resources or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department or any regional office unless otherwise specifically authorized by law."
SECTION 1-7. Said title is further amended by striking Article 2 of Chapter 2, relating to administration of mental disability services, and inserting in its place the following:
"ARTICLE 2
37-2-30. As used in this article, the term:
(1) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 37-2-32. (2) 'Nonprofit corporation' means a nonprofit corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 and which is not a services provider. (3) 'Program' means the community ombudsman program operated pursuant to Code Section 37-2-32. (4) 'Service recipient' means a person with a disability who receives or is eligible to receive disability services from a services provider. (5) 'Services provider' means a community service board or state or local governmental entity which provides disability services to service recipients or any person, corporation, or business which provides disability services to service recipients. (6) 'State ombudsman' means the state ombudsman for mental health, mental retardation, and substance abuse created under Code Section 37-2-31.
37-2-31. There is created the state ombudsman for behavioral health and developmental disabilities who shall be a full-time state employee under the supervision and direction of the consumers insurance advocate in the Governors Office of Consumer Affairs under Code Section 33-57-3. The state ombudsman shall have the powers and duties set forth in this article. The state ombudsman shall be a person qualified by training and

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experience in the field of disability services, have experience advocating for the rights of people with disabilities, and have the skills to perform the duties set forth in this article. The state ombudsman shall be free of a conflict of interest. The state ombudsman shall promote the well-being and quality of life of service recipients and encourage the development of community ombudsman activities at the local level.
37-2-32. The state ombudsman shall contract with one or more nonprofit corporations to operate a community ombudsman program in one or more behavioral health and developmental disabilities regions in this state. A nonprofit corporation shall not be eligible for such contract unless that corporation has experience in complaint resolution for service recipients and secures as community ombudsmen only such persons as are certified as such by the state ombudsman. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in this article. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the state ombudsman prior to certification.
37-2-33. The state ombudsman shall:
(1) Establish policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of service recipients concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the health, safety, or welfare of any service recipient or the delivery of disability services to such service recipient; (2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to its responsibilities and duties in connection with service recipients receiving or eligible to receive disability services from such provider; (3) Establish a uniform state-wide reporting system to record data about complaints and conditions with regard to services providers and collect and analyze such data in order to identify significant problems affecting service recipients receiving or eligible to receive disability services from such providers; (4) Promote the development of community ombudsmen activities and provide technical assistance as necessary; (5) Promote the interests of service recipients before governmental agencies and seek administrative and other remedies to protect the health, safety, welfare, and rights of the service recipients and:
(A) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the service recipients with respect to the adequacy of disability services in the state;

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(B) Recommend any changes in such laws, regulations, policies, and actions as the state ombudsman determines to be appropriate; and (C) Facilitate public comment on the laws, regulations, policies, and actions; and (6) Make an annual written report, documenting the types of complaints and problems reported by service recipients and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor and General Assembly and other appropriate agencies and organizations and made available to the public.
37-2-34. Pursuant to policies and procedures established by the state ombudsman, each community ombudsman shall:
(1) Learn about the general conditions affecting service recipients and work for the best interest of these service recipients; (2) Receive, investigate, and attempt to resolve complaints made by or on behalf of service recipients; (3) Collect data about the number and types of complaints handled; and (4) Report regularly to the state ombudsman about the data collected and the activities of the community ombudsmen.
37-2-35. (a) The state ombudsman or a community ombudsman, on his or her initiative or in response to complaints made by or on behalf of service recipients, may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The state ombudsman or a community ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided and shall use his or her best efforts to enter such facility, premises, or property during normal business hours. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of such facility, premises, or property before speaking to any service recipient. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with service recipients in such facility, premises, or property individually or in groups. The ombudsman shall have access to the medical, social, and disability records of any service recipient if:
(1) The ombudsman has the permission of the service recipient or the legal representative or guardian of the service recipient; (2) The service recipient is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian of the person of the service recipient and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interest of the service recipient; and

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(B) A community ombudsman obtains the approval of the state ombudsman. As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased service recipient. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the facility, premises, or property to which the service recipients have or the general public has access. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to service recipients. (c) The state ombudsman or community ombudsman shall identify himself or herself as such to the service recipient, and the service recipient shall have the right to communicate or refuse to communicate with the ombudsman. (d) The service recipient or the service recipients legal representative shall have the right to participate in planning any course of action to be taken on the service recipients behalf by the state ombudsman or community ombudsman, and the service recipient or such representative shall have the right to approve or disapprove any proposed action to be taken on the service recipients behalf by such ombudsman. (e) The state ombudsman or community ombudsman shall have the authority to obtain from any governmental agency or services provider which receives state funds for disability services, and such agency or provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law. (f) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a service recipient by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the service recipient in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication. (g) The state ombudsman shall advise the service recipient of the need for adequate legal counsel as well as consultation needed to protect the health, safety, welfare, and rights of the service recipient.
37-2-36. (a) Following an investigation, the state ombudsman or community ombudsman may report his or her opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman may first notify the administrator or person in charge of that provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any service recipient, the state

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ombudsman or community ombudsman may refer the complaint to the appropriate regional office and any other appropriate agency. (b) Complaints or conditions adversely affecting service recipients which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the state ombudsman or community ombudsman to the appropriate regional office and any other appropriate agency. (c) A community ombudsman shall not disclose to the public, either directly or indirectly, the identity of any services provider which is the subject of an investigation unless and until the matter has been reviewed by the office of the state ombudsman and the matter has been referred to the appropriate regional office and any other appropriate governmental agency for action.
37-2-37. Any person who has reasonable cause to believe that a service recipient is being or has been abused, neglected, exploited, or abandoned, is in a condition which is the result of abuse, neglect, exploitation, or abandonment, or is being denied disability services for which such service recipient is eligible may report such information or cause a report to be made in any reasonable manner to the state ombudsman or community ombudsman, if any.
37-2-38. The identity of any complainant, service recipient on whose behalf a complaint is made, or individual providing information on behalf of the service recipient or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person. The information produced by an investigation may be disclosed by the state ombudsman or community ombudsman only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, the information may be disclosed only with his or her express permission. If the complaint becomes the subject of a judicial proceeding, such investigative information may be disclosed for the purpose of the proceeding.
37-2-39. The state ombudsman shall prepare and distribute to each services provider in the state and regional office in which the program is operated a written notice describing the program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman. The administrator or person in charge of such provider shall give the written notice required by this Code section to each service recipient who receives disability services from such provider and his or her legally appointed guardian, if any, upon first providing such services. The administrator or person in charge shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the state ombudsman

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and shall give such notice to any service recipient and his or her legally appointed guardian, if any, who did not receive it upon the service recipients first receiving disability services. The failure to provide the notices required by this Code section shall be a ground upon which the director of the division may impose the civil penalty authorized by paragraph (2) of subsection (c) of Code Section 37-2-40 under the conditions specified in subsection (d) of Code Section 37-2-40.
37-2-40. (a) No person shall discriminate or retaliate in any manner against any service recipient or relative or guardian of a service recipient, any employee of a services provider, or any other person because of the making of a complaint or the providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties. (b) A member of a regional planning board or community service board who violates subsection (a) of this Code section shall be subject to permanent removal from such board by the director of the division. (c) A services provider which violates subsection (a) of this Code section shall be subject to one or more of the following sanctions which may be imposed by the director of the division:
(1) The termination of any contract for which state funds are received for the provision of disability services if such contract was executed on or after July 1, 2002; (2) The payment of a civil penalty not to exceed $5,000.00 for each violation; or (3) Having to suspend without pay for a period of at least two months or terminate any employee of such provider determined to have committed the violation. (d) An action against a member of a regional planning board, community service board, or services provider under this Code section shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure.
37-2-41. Notwithstanding any other provision of law, no person providing information, including but not limited to service recipient records, to the state ombudsman or community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.
37-2-42. Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to making a statement or communication relevant to a

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complaint received or an investigative activity conducted pursuant to this article, shall incur no civil or criminal liability therefor.
37-2-43. Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.
37-2-44. The state ombudsman shall promulgate rules and regulations to implement this article."
SECTION 1-8. Said title is further amended by adding following paragraph (14.1) of Code Section 37-31, relating to definitions, a new paragraph (14.2) to read as follows:
"(14.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional director, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a behavioral health and developmental disabilities region established in accordance with Code Section 37-2-3."
SECTION 1-9. Said title is further amended by striking paragraph (16) of Code Section 37-3-1, relating to definitions, and inserting in its place the following:
"(16) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility receiving patients under this chapter, other than a regional state hospital or state owned or operated community program, or an individual appointed as the designee of such superintendent."
SECTION 1-10. Said title is further amended by striking Code Section 37-3-149, relating to establishment of procedures for receiving patients and staff complaints, making of final decisions, establishment of rules and regulations implementing procedures, and complaint procedures as alternative to legal remedies, and inserting in its place the following:
"37-3-149. Each facility shall establish procedures whereby complaints of the patient or complaints of the staff concerning treatment of the patient can be speedily heard, with final decisions to be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate. The board shall establish reasonable rules and regulations for the implementation of such procedures. However, the patient shall not be required to utilize these procedures in lieu of other available legal remedies."

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SECTION 1-11. Said title is further amended by striking paragraphs (14) through (16) of Code Section 374-2, relating to definitions, and inserting in their place the following:
"(14) 'Person in charge of a clients habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a clients individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (14.1) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional director, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a behavioral health and developmental disabilities region established in accordance with Code Section 37-2-3. (15) 'Representatives' means the persons appointed as provided in Code Section 37-4107 to receive any notice under this chapter. (16) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded persons under this chapter or an individual appointed as the designee of such superintendent."
SECTION 1-12. Said title is further amended by striking subsection (b) of Code Section 37-4-108, relating to right of clients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by chapter, and inserting in its place the following:
"(b) A client or his or her representatives may file a petition in the appropriate court alleging that the client is being unjustly denied a right or privilege granted by this chapter or that a procedure authorized by this chapter is being abused. An oral statement by a client or his or her representatives to any staff member or other service provider alleging that the clients rights or privileges under this chapter are being violated shall be immediately transmitted to the superintendent, the regional state hospital administrator, or the administrative head of the facility responsible for the clients treatment or the other person in charge of the clients habilitation plan, who shall assist the client in preparing his or her petition under this Code section. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse under this chapter."

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SECTION 1-13. Said title is further amended by striking Code Section 37-4-109, relating to establishment of patients and staff complaint procedures, final decisionmakers, right of administrative appeal, and complaint procedures as alternative to legal remedies, and inserting in its place the following:
"37-4-109. The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the director of the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies."
SECTION 1-14. Said title is further amended by striking paragraphs (17.1) through (19) of Code Section 37-7-1, relating to definitions, and inserting in their respective places the following:
"(17.1) 'Psychologist' means a licensed psychologist who meets the criteria of training and experience as a health service provider psychologist as provided in Code Section 31-7-162. (17.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional director, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a behavioral health and developmental disabilities region established in accordance with Code Section 37-2-3. (18) 'Representatives' means the persons appointed as provided in Code Section 37-7147 to receive notice of the proceedings for voluntary or involuntary treatment. (19) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving patients under this chapter or an individual appointed as the designee of such superintendent."
SECTION 1-15. Said title is further amended by striking Code Section 37-7-149, relating to establishment of patients and staff complaint procedures, making of final decisions, and complaint procedures as alternative to legal remedies, and inserting in its place the following:
"37-7-149.

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Each facility shall establish procedures whereby complaints of the patient or complaints of the staff concerning treatment of the patient can be speedily heard, with final decisions to be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate. The board shall establish reasonable rules and regulations for the implementation of such procedures. However, the patient shall not be required to utilize these procedures in lieu of other available legal remedies."
SECTION 1-16. Said title is further amended by striking paragraph (6) of Code Section 37-9-2, relating to definitions, and inserting in its place the following:
"(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the department and any facility operated in conjunction therewith."
SECTION 1-17. Each of the following Code sections is amended by striking "superintendent" or "superintendents" wherever those words appear and inserting in their respective places "regional state hospital administrator" or "regional state hospital administrators":
(1) Code Section 37-3-7, relating to abandoning or leaving patients on grounds of psychiatric hospital; (2) Code Section 37-3-103, relating to procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals; (3) Code Section 37-3-104, relating to procedure upon discovery that a patient hospitalized in Georgia is not a resident; (4) Code Section 37-4-20, relating to examination of minor children, recommendation of individualized program plan if retardation found, provision plan services by department, and parents or guardians request for discharge of child admitted to facility; (5) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (6) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (7) Code Section 37-4-40, relating to filing petition with court for according of program of services to mentally retarded person, order for examination of person by comprehensive evaluation team, report by team, petition hearing, and procedure upon finding that department services are necessary; (8) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care and notice of proposed discharge; (9) Code Section 37-4-41, relating to procedure upon failure of or clients noncompliance with court ordered habilitation program;

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(10) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (11) Code Section 37-4-63, relating to procedure for transfer of Georgia residents from out-of-state facilities to Georgia facilities; (12) Code Section 37-4-64, relating to procedure upon discovery that a client receiving court ordered services from a Georgia facility is not a resident; (13) Code Section 37-7-103, relating to procedure for transfer of Georgia residents from out-of-state hospitals to Georgia hospitals; and (14) Code Section 37-7-104, relating to procedure upon discovery that a patient hospitalized in Georgia is not a resident.
SECTION 1-18. Each of the following Code sections is amended by striking the word "superintendent" and inserting in its place the words "superintendent or regional state hospital administrator":
(1) Code Section 37-3-144, relating to patients right to vote; (2) Code Section 37-4-5, relating to validity of hospitalization orders entered before September 1, 1978, and establishment of regulations authorizing continued care for clients receiving services pursuant to orders entered before September 1, 1978; (3) Code Section 37-4-102, relating to right of clients to communicate with persons outside facility and to receive visitors, treatment of client correspondence, and establishment of regulations governing visitation and telephone usage; (4) Code Section 37-4-103, relating to clients rights in regard to personal effects and liability of facilitys employees and staff members for loss of or damage to clients personal effects; (5) Code Section 37-4-104, relating to clients right to vote; (6) Code Section 37-4-122, relating to clients care and treatment rights; (7) Code Section 37-4-124, relating to mistreatment, neglect, or abuse of clients prohibited, use of medication, physical restraints, or seclusion restricted, and standards for use of physical restraints; (8) Code Section 37-4-125, relating to treatment of clinical records, scope of privileged communications, and liability for disclosure; (9) Code Section 37-4-127, relating to right of clients attorney to interview persons in charge of clients habilitation in a facility and establishment by superintendent of regulations as to release of information to clients attorney; and (10) Code Section 37-7-144, relating to patients right to vote.
SECTION 1-19. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by striking subparagraph (g)(1)(B) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in its place the following:
"(B) Upon receipt of notice from the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Development Disabilities

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of the Department of Human Resources that a permittee who is required to complete a substance abuse treatment program pursuant to Code Section 40-5-63.1 enrolled in but failed to attend or complete such program as scheduled, the department shall revoke such persons limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
SECTION 1-20. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, is amended by striking Code Section 45-18-5.2, relating to sheltered employment center employees, and inserting in its place the following:
"45-18-5.2. The board is authorized to contract with public and private nonprofit sheltered employment centers which contract with or employ persons within the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the Department of Human Resources for the inclusion of employees working in the sheltered employment centers within any health insurance plan or plans established under this article. The board is authorized to adopt regulations for entering into any contract. In the event any contract is entered into, it shall be the duty of the sheltered employment center to remit any funds that may be deducted from the earnings or other compensation of such sheltered employees for inclusion in the health insurance fund. In addition, it shall be the duty of the sheltered employment center to make the employer contributions required for the operation of such plan or plans."
SECTION 1-21. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by striking subsection (e) of Code Section 49-4A-9, relating to sentence of youthful offenders, modification of order, review, and participation in programs, and inserting in its place the following:
"(e) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the Department of Human Resources, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his or her seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide

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the court with information concerning the participation and progress of the child in programs described in this subsection. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his or her sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law."
SECTION 1-22. Said title is further amended by striking subsection (b) of Code Section 49-5-220, relating to legislative findings and intent and State Plan for Coordinated System of Care for severely emotionally disturbed children or adolescents, and inserting in its place the following:
"(b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the Department of Human Resources shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the Department of Human Resources provide mental health treatment."
SECTION 1-23. Said title is further amended by striking the introductory language of subsection (a) of Code Section 49-5-225, relating to local interagency committees, membership, and function of committees, and inserting in its place the following:
"(a) At least one local interagency committee shall be established for each administrative district region of the Division of Mental Health, Mental Retardation, and Substance Abuse Behavioral Health and Developmental Disabilities of the Department of Human Resources whose permanent membership shall include a local representative from each of the following:".
PART II SECTION 2-1.
Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions, is amended by striking paragraph (4) of Code Section 37-1-1, relating to definitions, and inserting in its place the following:
"(4) 'Community service board' means a public board established pursuant to Code Section 37-2-6, which board governs the provision of certain disability services not

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provided by other public or private providers under provides one or more behavioral health and developmental disability services through contract with the department. Such community service board may enroll with the department to become a provider of specific behavioral health and developmental disability services with such services being negotiated and contracted annually with the department."
SECTION 2-2. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of behavioral health and developmental disability services, is amended by striking paragraph (2) of Code Section 37-2-2, relating to definitions, and inserting in its place the following:
"(2) 'Community service board' means a public board established pursuant to Code Section 37-2-6, which board governs the provision of certain disability services not provided by other public or private providers under provides one or more behavioral health and developmental disabilities services through contract with the department. Such community service board may enroll with the department to become a provider of specific behavioral health and developmental disability services with such services being negotiated and contracted annually with the department."
SECTION 2-3. Said chapter is further amended by striking Code Section 37-2-6, relating to community mental health, mental retardation, and substance abuse service boards, creation, membership, participation of counties, transfer of powers and duties, alternate method of establishment, and bylaws, and inserting in its place the following:
"37-2-6. (a) There shall be created community mental health, mental retardation, and substance abuse Community service boards, created in conformity with the areas established pursuant to the subsection (b) of Code Section 37-2-3, which shall govern the provision of certain disability services not provided by other public or private providers under contract with the department shall provide one or more behavioral health and developmental disability services through contract with the department. Such community service boards may enroll with the department to become a provider of specific behavioral health and developmental disability services with such services being negotiated and contracted annually with the department. Community mental health, mental retardation, and substance abuse service boards shall be established as public agencies. Such boards shall be considered public agencies. (b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board;

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(2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the regional office for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and
(6)(A) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is:
(i) A member of the community service board which serves that region; or (ii) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. (B) A person shall not be eligible to be appointed to or serve on a regional planning board if such persons spouse, parent, child, or sibling is a member of such regional planning board or a member, employee, or board member specified in division (i) or (ii) of subparagraph (A) of this paragraph. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources or an employee of a county board of health may not serve on a community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that appointments are reflective of the cultural and

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social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates. (d) Each county within the boundaries established for the community service board shall be required to participate with the board in the operation of the program through the community service board. Each community mental health, mental retardation, and substance abuse service area in existence on June 30, 1994, shall automatically be succeeded by the community service board for the same region as of July 1, 1994, and each such community service board shall be governed, from and after July 1, 1994, by this chapter. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of such the behavioral health and developmental disabilities service area areas in existence on June 30, 2003, or the county board of health involved in administering programs in such area, unless continued by the current service providers, shall automatically become duties, obligations, rights, and benefits of its respective successor community service board or other successor entity shall continue to exist along with the new powers granted to the community service boards effective July 1, 2003. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; or
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and

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(B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall be responsible for adopting adopt bylaws and operational policies and guidelines in conformity with procedures established by the division. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, not including ex officio members, notwithstanding the provisions of

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subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of such community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court."
SECTION 2-4. Said chapter is further amended by striking subsection (b) of Code Section 37-2-6.1, relating to community service boards, program director, staff, budget, facilities, powers and duties, exemption from state and local taxation, and inserting in its place the following:
"(b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire and dispose of real and personal property; by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same

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conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regulations of the state merit system; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may make contracts and establish fees for the provision of disability services; provided, however, that such contract and fees shall be in compliance with guidelines established by the division and the regional office; establish fees for the provision of disability services according to Department of Human Resources and Department of Community Health state-wide standards; (10) Each community service board may accept appropriations, or loans of funds, facilities, equipment, and supplies from the local governmental entities within their program its boundaries; and (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same milage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board may have a seal and alter it; (13) Each community service board may contract with the State Personnel Board regarding its personnel who remain in the classified service; (14) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal

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year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (15) Each community service board, to the extent authorized by law and contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; (16) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law; and (17) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services when approved by the department."
SECTION 2-5. Said chapter is further amended by adding to the end of Code Section 37-2-6.1, relating to community service boards, program director, staff, budget, facilities, powers and duties, exemption from state and local taxation, new subsections (e) through (j) to read as follows:
"(e) A community service board does not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following:
(1) Disability services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (17) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in

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accordance with this chapter and the terms of the community service boards agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) A community service board may not create, form, or become a member of a nonprofit corporation, limited liability company, or other profit or nonprofit entity unless the community service board elects to convert to a private nonprofit corporation as provided in paragraph (1) of subsection (a) of Code Section 37-2-6.4."
SECTION 2-6. Said chapter is further amended by adding following Code Section 37-2-6.2 new Code Sections 37-2-6.3 and 37-2-6.4 to read as follows:
"37-2-6.3. (a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) Debts, obligations, and liabilities of a community service board are not, debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county.
37-2-6.4. (a) Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways:
(1) With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, such organization shall be authorized to retain the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the former community service board with state and federal funds shall be returned to the department or to an agency designated by the department. For a period of three years following the community service boards conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services and family members of consumers constitute a majority of the appointed

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board members and that the various disability groups are equitably represented on the board of the nonprofit corporation; (2) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or (3) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department or to an agency designated by the department. (b) In the event that all county governing authorities of a community service area designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services as required, those county governing authorities may request that the division coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the division shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The division shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency."
PART III SECTION 3-1.
Section 1-7 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. The remaining sections of Part I of this Act shall become effective on July 1, 2002. Part II of this Act shall become effective on July 1, 2003.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

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Representative Byrd of the 170th moved that the House disagree to the Senate substitute to HB 498.
The motion prevailed.

HB 1021. By Representatives Day of the 153rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Rogers of the 20th and others:
A BILL to provide a short title; to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to repeal certain provisions regarding river and harbor development; to provide for the regulation of maintaining navigation inlets, harbors, and rivers; and for other purposes.

The following Senate amendment was read:

Amend HB 1021 by striking lines 30 and 31 of page 2 and inserting in lieu thereof the following:
"This Act shall become effective on June 1, 2003."

Representative Day of the 153rd moved that the House agree to the Senate amendment to HB 1021.

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 Benfield Y Birdsong
Black Y Boggs 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 Y Ehrhart Y Epps
Everett Y Floyd Y Forster

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor

Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Franklin Y Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner
Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reed 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 E Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the motion, the ayes were 160, nays 0. The motion prevailed.

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E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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.

The Speaker Pro Tem assumed the Chair.

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 1073. By Representatives Buck of the 135th and Royal of the 164th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such building projects; and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Cooper

Y Cox Y Crawford Y Cummings Y Davis
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 Gardner E Golick Y Grasse 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 E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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 E 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
Stallings Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

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SR 574. By Senators Dean of the 31st, Starr of the 44th, Gillis of the 20th and Marable of the 52nd:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Bibb County, Georgia; authorizing the conveyance of certain state owned property located in Cobb County; authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee; authorizing the conveyance of certain state owned property located in Spalding County, Georgia; authorizing the conveyance of certain state owned real property located in Wilkes County, Georgia; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers

Y 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 Gardner E Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree

Y Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton

Y Mueller Y Muntean Y O'Neal 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 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 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 Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E 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

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Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

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Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shanahan E Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Willard Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SR 575. By Senators Dean of the 31st, Starr of the 44th, Gillis of the 20th and Marable of the 52nd:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Butts, Cobb, Coweta, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, and Upson counties, Georgia; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Banks, Bibb, Butts, Cobb, Coweta, Elbert, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, Tift, and Upson counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin, Banks, Bibb, Butts, Cobb, Coweta, Elbert, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, Tift, and Upson counties, Georgia; and
WHEREAS, the Baldwin County Water and Sewer Authority, John Anthony Cody and Hoyt Dodd, the Macon Water Authority, Georgia Power Company, Cobb County, Elbert County, United States Coast Guard, Georgia Transmission Corporation, the City of Gainesville, the City of Waco, the City of Darien, Habersham EMC, the City of Glenville, the City of Tifton, and Atlanta Gas Light Company desire to operate and

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maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested and approved by the Department of Public Safety, Department of Corrections, Georgia Forestry Commission, State Properties Commission, Department of Natural Resources, Department of Human Resources, Georgia Agrirama Development Authority, and Department of Technical and Adult Education with respect to property under the jurisdiction of their respective departments.
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 hereinafter described real property in Baldwin County, and the property is in the custody of the Department of Public Safety, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Baldwin County Water and Sewer Authority, or its successors and assigns, a nonexclusive easement for the operation and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating water and sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 253 and 264 of the 1st District of Baldwin County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a drawing prepared by the Baldwin County Water and Sewer Authority and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of installing,

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maintaining, repairing, replacing, inspecting, and operating said water and sanitary sewer lines.
SECTION 4. That the Baldwin County Water and Sewer Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said water and sanitary sewer lines.
SECTION 5. That, after the Baldwin County Water and Sewer Authority has put into use the water and sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Baldwin County Water and Sewer Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 6. That no title shall be conveyed to the Baldwin County Water and Sewer Authority and, except as herein specifically granted to the Baldwin County Water and Sewer Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Baldwin County Water and Sewer Authority.
SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Baldwin County Water and Sewer Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Baldwin County Water and Sewer Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal

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and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 8. That grantee shall comply with all applicable state and federal environmental statutes in its use of the easement area and shall obtain all permits and make such reports to the appropriate government agencies as are necessary for its lawful use of the easement area.
SECTION 9. That the easement granted to the Baldwin County Water and Sewer Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 10. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That the authorization in this resolution to grant the above-described easement to the Baldwin County Water and Sewer Authority shall expire three years after the date that this resolution becomes effective.
SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 14.
That the State of Georgia is the owner of the hereinafter described real property in Banks County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to John Anthony Cody and Hoyt Dodd, or their successors and assigns, a nonexclusive easement for the operation and maintenance of ingress, egress and utilities in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting and operating ingress, egress and utilities together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 227 of the 10th District of Banks County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange and yellow on a plat of survey prepared for John Anthony Cody and Hoyt Dodd dated June 29, 2000 by Samuel L. Duvall, Georgia Registered Land Surveyor no. 2295 and shown on a plat of survey prepared for Hoyt Dodd dated January 15, 2002 by William M. Collins, Georgia Registered Land Surveyor No. 1435 and both being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey or surveys prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 16. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said ingress, egress and utilities.
SECTION 17. That John Anthony Cody and Hoyt Dodd shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation, and maintenance of said ingress, egress and utilities.
SECTION 18. That, after John Anthony Cody and Hoyt Dodd have put into use the ingress, egress and utilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, John Anthony Cody and Hoyt Dodd, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 19. That no title shall be conveyed to John Anthony Cody and Hoyt Dodd and, except as herein specifically granted to John Anthony Cody and Hoyt Dodd, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to John Anthony Cody and Hoyt Dodd.
SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and John Anthony Cody and Hoyt Dodd shall remove or relocate their facilities to the alternate easement area at their sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by John Anthony Cody and Hoyt Dodd. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 21. That the easement granted to John Anthony Cody and Hoyt Dodd shall contain such other reasonable terms, conditions and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 22. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 23. That this grant of easement shall be recorded by the grantee in the Superior Court of Banks County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 24. That the authorization in this resolution to grant the above-described easement to John Anthony Cody and Hoyt Dodd shall expire three years after the date that this resolution becomes effective.
SECTION 25. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 26.
That the State of Georgia is the owner of the hereinafter described real property in Bibb County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 27. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Macon Water Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 30 of the 4th Land District of Bibb County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in orange on a plat of survey prepared by Mitchell J. Paulk, Georgia Registered Land surveyor #2775, dated August 30, 2001 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 28. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 29. That the Macon Water Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.

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SECTION 30. That, after the Macon Water Authority has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Macon Water Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 31. That no title shall be conveyed to the Macon Water Authority, and, except as herein specifically granted to the Macon Water Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Macon Water Authority.
SECTION 32. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Macon Water Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Macon Water Authority. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 33. That the easement granted to the Macon Water Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 34. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 35. That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 36. That the authorization in this resolution to grant the above-described easement to the Macon Water Authority shall expire three years after the date that this resolution becomes effective.
SECTION 37. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 38.
That the State of Georgia is the owner of the hereinafter described real property in Butts County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 39. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 237, 244, and 245 of the 3rd Land District of Butts County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a drawing prepared by the Georgia Power Company Land Department entitled "Tanimura and Antle Distribution Line", drawing No. H-575-10, sheet No. 1 & 2, dated September 2000 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 40. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 41. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 42. That, after Georgia Power Company has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 43. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 44. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state

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owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 45. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 46. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 47. That this grant of easement shall be recorded by the grantee in the Superior Court of Butts County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 48. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 49. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 50.
That the State of Georgia is the owner of the hereinafter described real property in Cobb County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 51. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of underpasses, crossings, and bridges on, over, under, upon, across, or through the easement area for the purpose of constructing,

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erecting, installing, maintaining, repairing, replacing, inspecting, and operating underpasses, crossings, and bridges together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in Cobb County, Georgia, and are more particularly described as follows:
That portion and that portion only as shown on Cobb County Department of Transportation, Atlanta Road Contract 2 Project No. 7404-02b, sheet 12, and as shown on Cobb County Department of Transportation, Atlanta Road Contract 3 & 4 Project no. 7404-02 C & D, sheet 5, and as shown on Cobb County Department of Transportation Tower Road Project Nos. 7404-40 & 7405-16, and as shown on a drawing entitled Cumberland Community Multi-Use Path Railroad Crossing Plan, dated April 17, 2001, prepared by Moreland Altobelli Associates, Inc. and all being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 52. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said underpasses, crossings, and bridges.
SECTION 53. That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said underpasses, crossings, and bridges.
SECTION 54. That, after Cobb County has put into use the underpasses, crossings, and bridges for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 55. That no title shall be conveyed to Cobb County, and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County.

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SECTION 56. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Cobb County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 57. That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 58. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 59. That this grant of easement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 60. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective.
SECTION 61. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VI SECTION 62.
That the State of Georgia is the owner of the hereinafter described real property in Coweta County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 63. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located within the bounds of Chattahoochee Bend State Park in Coweta County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a drawing attached as Exhibit "A" on that certain Georgia Board of Natural Resources Resolution dated September 26, 2001, recommending the granting of a revocable license and easement to Georgia Power Company over 53 acres, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 64. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 65. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 66. That, after Georgia Power Company has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power

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Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 67. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 68. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 69. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 70. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 71. That this grant of easement shall be recorded by the grantee in the Superior Court of Coweta County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 72. That the authorization in this resolution to grant the above-described easement to Georgia Power company shall expire three years after the date that this resolution becomes effective.
SECTION 73. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 74.
That the State of Georgia is the owner of the hereinafter described real property in Elbert County, and the property is in the custody of the Georgia Forestry Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 75. That the State of Georgia, acting by and through its State Properties Commission, may grant to Elbert County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 202nd Georgia Militia District of Elbert County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in orange on a plat of survey for the Elbert County Board of Commissioners dated January 12, 2001 by Stacy C. Carroll, Georgia Registered Land Surveyor No. 2729, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 76. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 77. That Elbert County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 78. That, after Elbert County has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Elbert County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 79. That no title shall be conveyed to Elbert County, and, except as herein specifically granted to Elbert County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Elbert County.
SECTION 80. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Elbert County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Elbert County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 81. That the easement granted to Elbert County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 82. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 83. That this grant of easement shall be recorded by the grantee in the Superior Court of Elbert County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 84. That the authorization in this resolution to grant the above-described easement to Elbert County shall expire three years after the date that this resolution becomes effective.
SECTION 85. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII SECTION 86.
That the State of Georgia is the owner of the hereinafter described real property in Glynn County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 87. That the State of Georgia, acting by and through its State Properties Commission, may grant to the United States Coast Guard (USCG), or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid

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purposes. Said easement area is located within the bounds of Georgia Department of Natural Resources Coastal Regional Headquarters Complex in Brunswick, Glynn County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a plat of survey entitled "U.S. Coast Guard Lease Parcels From State of Georgia At The Georgia DNR Site, Brunswick, Georgia, dated December 20, 2001 and prepared by Gary L. Nevill, Georgia Registered Land Surveyor # 2401 and being delineated as Parcel "B" and also that area designated as "Access Easement", and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 88. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 89. That USCG shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 90. That, after USCG has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, USCG, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 91. That no title shall be conveyed to USCG, and, except as herein specifically granted to USCG, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to USCG.
SECTION 92. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across

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the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and USCG shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by USCG. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 93. That the easement granted to USCG shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 94. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 95. That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 96. That the authorization in this resolution to grant the above-described easement to USCG shall expire three years after the date that this resolution becomes effective.
SECTION 97. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IX SECTION 98.
That the State of Georgia is the owner of the hereinafter described real property in Gwinnett County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area," and that, in all matters relating to the

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easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 99. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Transmission Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical transmission lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area are located in Land Lot 1 of the 1st District of Gwinnett County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey entitled "Shoal Creek Spout Creek 230 kV Transmission Line"dated June 15, 2001 and prepared by Andrew Milner, Georgia Registered Land Surveyor No. 2545 and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 100. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
SECTION 101. That Georgia Transmission Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 102. That, after Georgia Transmission Corporation has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Transmission Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 103.

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That no title shall be conveyed to Georgia Transmission Corporation and, except as herein specifically granted to Georgia Transmission Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Transmission Corporation.
SECTION 104. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Transmission Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Transmission Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 105. That the easement granted to Georgia Transmission Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 106. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 107. That this grant of easement shall be recorded by the grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 108. That the authorization in this resolution to grant the above-described easement to Georgia Transmission Corporation shall expire three years after the date that this resolution becomes effective.
SECTION 109. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 110.
That the State of Georgia is the owner of the hereinafter described real property in Hall County, and the property is in the custody of the Department of Juvenile Justice, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 111. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Gainesville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 137 of the 9th District of Hall County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey entitled "City of Gainesville" dated March 8, 2001 prepared by Donald Rex Jones, Georgia Registered Land Surveyor #2396 and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 112. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.

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SECTION 113. That the City of Gainesville shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer lines.
SECTION 114. That, after the City of Gainesville has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Gainesville, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 115. That no title shall be conveyed to the City of Gainesville and, except as herein specifically granted to the City of Gainesville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Gainesville.
SECTION 116. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Gainesville shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Gainesville. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 117. That the easement granted to the City of Gainesville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is

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authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 118. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 119. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 120. That the authorization in this resolution to grant the above-described easement to the City of Gainesville shall expire three years after the date that this resolution becomes effective.
SECTION 121. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XI SECTION 122.
That the State of Georgia is the owner of the hereinafter described real property in Haralson County, Georgia, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 123. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Waco, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 273 of the 7th District, 5th Section of Haralson County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey prepared for the City of Waco by David E. Rowell, Haralson County Land Surveyor, and being on file in the offices of the State Properties Commission

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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.
SECTION 124. That the above-described premises shall be used solely for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines.
SECTION 125. That the City of Waco shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation of said sanitary sewer lines.
SECTION 126. That, after the City of Waco has put into use the sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Waco, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 127. That no title shall be conveyed to the City of Waco, and, except as herein specifically granted to the City of Waco, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Waco.
SECTION 128. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Waco shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the

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City of Waco. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 129. That the easement granted to the City of Waco shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easements area herein granted.
SECTION 130. That the consideration for such easements shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 131. That this grant of easement shall be recorded by the grantee in the Superior Court of Haralson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 132. That the authorization in this resolution to grant the above-described easement to the City of Waco shall expire three years after the date that this resolution becomes effective.
SECTION 133. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XII SECTION 134.
That the State of Georgia is the owner of the hereinafter described real property in McIntosh County, Georgia, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 135. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Darien, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress in, on, over, under, upon,

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across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 271st GMD of McIntosh County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing attached as Exhibit "A" to that certain Revocable License Agreement being RPR# 0543, dated October 25, 2001, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 136. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 137. That the City of Darien shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said ingress and egress.
SECTION 138. That, after the City of Darien has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Darien, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 139. That no title shall be conveyed to the City of Darien, and, except as herein specifically granted to the City of Darien, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Darien.
SECTION 140. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the

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states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Darien shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Darien. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 141. That the easement granted to the City of Darien shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 142. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 143. That this grant of easement shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 144. That the authorization in this resolution to grant the above-described easement to the City of Darien shall expire three years after the date that this resolution becomes effective.
SECTION 145. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIII SECTION 146.

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That the State of Georgia is the owner of the hereinafter described real property in Rabun County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 147. That the State of Georgia, acting by and through its State Properties Commission, may grant to Habersham EMC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines and poles in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting, and operating electrical transmission lines and poles together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 104 and 105 of the 5th Land District of Rabun County, Georgia, and is more particularly described as follows:
That portion and that portion only as marked in yellow on a plat of survey dated September 18, 2001 entitled "Proposed Power Pole Location" prepared by William F. Rolader Georgia Registered Land Surveyor #2042 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 148. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, inspecting, and operating said electrical transmission lines and poles.
SECTION 149. That, after Habersham EMC has put into use the electrical transmission lines and poles for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Habersham EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 150. That grantee shall comply with all applicable state and federal environmental statutes in its use of the easement ares and shall obtain all permits and make such reports to the appropriate government agencies as are necessary for its lawful use of the easement area.

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SECTION 151. That no title shall be conveyed to Habersham EMC, and, except as herein specifically granted to Habersham EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Habersham EMC.
SECTION 152. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Habersham EMC shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Habersham EMCA. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 153. That the easement granted to Habersham EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 154. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 155. That this grant of easement shall be recorded by the grantee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 156. That the authorization in this resolution to grant the above-described easement to Habersham EMC shall expire three years after the date that this resolution becomes effective.
SECTION 157. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XIV SECTION 158.
That the State of Georgia is the owner of the hereinafter described real property in Richmond County, and the property is in the custody of the Department of Human Resources, hereinafter referred to as the "easement area," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
SECTION 159. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating electrical distribution lines together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located along Georgia Highway 56 at Georgia Regional Hospital in Augusta, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power Company and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 160. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines.
SECTION 161. That, after Georgia Power Company has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause

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a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 162. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
SECTION 163. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 164. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
SECTION 165. That the consideration for such easement shall be for $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in

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the best interest of the State of Georgia.
SECTION 166. That this grant of easement shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 167. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
SECTION 168. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XV SECTION 169.
That the State of Georgia is the owner of the hereinafter described real property in Tattnall County, and the property is in the custody of the Department of Corrections, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 170. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Glenville, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a welcome sign in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a welcome sign together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 1432 GMD of Tattnall County, Georgia, and is more particularly described as follows:
That portion and that portion only marked in yellow on a plat of survey prepared for the City of Glenville dated May 9, 2001 by John O. Parker and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 171. That, the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said welcome sign.
SECTION 172. That after the City of Glenville has put into use the welcome sign for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Glenville, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 173. That no title shall be conveyed to the City of Glenville, and, except as herein specifically granted to the City of Glenville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Glenville.
SECTION 174. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Glenville shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Glenville. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 175. That the easement granted to the City of Glenville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is

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authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 176. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 177. That this grant of easement shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 178. That the authorization in this resolution to grant the above-described easement to the City of Glenville shall expire three years after the date that this resolution becomes effective.
SECTION 179. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVI SECTION 180.
That the State of Georgia is the owner of the hereinafter described real property in Tift County, and the property is in the custody of the Georgia Agrirama Development Authority, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 181. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Tifton, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating a water line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 261, 262, 291, and 292 of the 6th land district of Tift County, Georgia, and is more particularly described as follows:
That portion and that portion only marked in yellow on a plat of survey prepared for the City of Tifton dated February 1, 2002 by Barbara L. Herring, Georgia

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Registered Land Surveyor No. 2785 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 182. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water line.
SECTION 183. That after the City of Tifton has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Tifton, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 184. That no title shall be conveyed to the City of Tifton, and, except as herein specifically granted to the City of Tifton, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Tifton.
SECTION 185. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Tifton shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Tifton. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned

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land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 186. That the easement granted to the City of Tifton shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 187. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 188. That this grant of easement shall be recorded by the grantee in the Superior Court of Tift County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 189. That the authorization in this resolution to grant the above-described easement to the City of Tifton shall expire three years after the date that this resolution becomes effective.
SECTION 190. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVII SECTION 191.
That the State of Georgia is the owner of the hereinafter described real property in Upson County, and the property is in the custody of the Department of Technical and Adult Education, hereinafter referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 192. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of natural gas lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating natural gas lines together with the right of ingress and egress over adjacent land of the State of Georgia as

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may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 189 of the 10th District of Upson County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a plat of survey entitled "30N AGLC Relocation Easement Crossing Flint River Technical Institute" prepared by Atlanta Gas Light Company drawing, dated July 5, 2001 and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 193. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas lines.
SECTION 194. That, after Atlanta Gas Light Company has put into use the natural gas lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easements granted herein. Upon abandonment, Atlanta Gas Light Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 195. That no title shall be conveyed to Atlanta Gas Light Company, and, except as herein specifically granted to Atlanta Gas Light Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Atlanta Gas Light Company.
SECTION 196. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the states use or intended use of the easement area, it may grant substantially equivalent nonexclusive easements to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the

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State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Atlanta Gas Light Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.
SECTION 197. That the easements granted to Atlanta Gas Light Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 198. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 199. That this grant of easement shall be recorded by the grantee in the Superior Court of Upson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 200. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light Company shall expire three years after the date that this resolution becomes effective.
SECTION 201. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE XVIII SECTION 202.
That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to

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On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford
Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse 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
Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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 E 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 Stanley Y Stanley-Turner E Stephens Y Stokes
Taylor E 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, J
Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 1145. By Representatives Smyre of the 136th, Childers of the 13th, Smith of the 169th, Murphy of the 18th, Buck of the 135th and others:

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A RESOLUTION urging BellSouth to reconsider relocating its Georgia call center; 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 Amerson Y Anderson Y Ashe Y Bannister Y Barnard Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Bunn Y Burkhalter Y Burmeister Y Byrd Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B 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
Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett E Floyd
Forster Franklin Y Gardner E Golick Grasse 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
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan E 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 Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E 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, J Y Williams, R 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.

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Representatives Barnes of the 97th and Seay of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 127. By Representative Squires of the 78th:
A BILL to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize the juvenile court to order parents or other persons legally obligated to support a child to pay certain costs and expenses in the form of periodic child support in certain circumstances; to provide for application of child support guidelines and for payment to the family support registry; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to restrict full-time juvenile court judges from serving as a judge in another court; to clarify the obligation of the district attorney regarding a petition in juvenile court when the district attorney declines to prosecute certain children in superior court; to change and reorganize provisions so as to divide into separate parts those provisions relating to allegedly deprived children and those provisions relating to allegedly unruly or delinquent children; to conform crossreferences to such changes and reorganization; to change provisions relating to victims impact statements, evidence, and continuances; to clarify a provision relating to transfer of legal custody of a child back to a person whose abuse of alcohol or another drug resulted in the childs deprivation; to clarify when the juvenile court shall dismiss petitions alleging delinquency or unruliness; to clarify when the court shall enter orders of disposition; to clarify provisions relating to the duration of disposition orders; to provide for sealing records in cases when petitions alleging delinquency or unruliness have been dismissed or informally adjusted; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Part 2, relating to appointment and jurisdiction, by adding a new subsection (k) to Code Section 15-11-18, relating to creation of juvenile courts, terms, compensation, and qualifications of judges, to read as follows:
"(k)(1) No person who is serving as a full-time juvenile court judge after appointment as judge pursuant to this Code section shall at the same time hold the office of judge of any other class of court of this state. (2) The provisions of paragraph (1) of this subsection shall also apply to any person serving as a juvenile court judge after being elected juvenile court judge pursuant to a local law authorized by a constitutional amendment providing for the election of one or more juvenile court judges. (3) Nothing in this subsection shall prevent any duly appointed or elected juvenile court judge from sitting by designation as a superior court judge pursuant to Code Section 15-1-9.1 or as otherwise provided by law."
SECTION 2. Said article is further amended in Part 3, relating to jurisdiction and venue, by striking in its entirety subparagraph (b)(2)(C) of Code Section 15-11-28, relating to the jurisdiction of juvenile court, and inserting in lieu thereof the following:
"(C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it cause a petition to be filed in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-63."
SECTION 3. Said article is further amended in Part 4, relating to commencement and conduct of proceedings, by striking in its entirety subsection (a) of Code Section 15-11-39, relating to the time for the hearing, summons, waiver of service of the summons, and judicial order to the childs parents, guardian, or custodian, and inserting in lieu thereof the following:
"(a) After the petition has been filed the court shall fix a time for set a hearing thereon, which, if the child is in detention, shall not be later than ten days after the filing of the petition. In the event the child is not in detention, the court shall fix a time for set a

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hearing thereon which shall be not later than 60 days from the date of the filing of the petition."
SECTION 4. Said part of said article is further amended by striking in its entirety Code Section 15-1141, relating to the conduct of hearings, recordation, conduct of delinquency proceedings by the district attorney, victim impact statements, and deprivation findings, and inserting in lieu thereof the following:
"15-11-41. (a) All hearings shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court as set forth in subsection (d) (b) of Code Section 15-11-56. (b) Unless waived by the child and the childs parent, guardian, or attorney, the The proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means, unless such recording is waived by the child and the childs parent, guardian, or attorney. (c) In any proceeding before the juvenile court, the judge, upon the courts own motion, may request the assistance of the district attorney or a member of the district attorneys staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, the judge may appoint legal counsel for such purpose. (d) In any delinquency proceeding in which a petition has been filed, the district attorney or a member of the district attorneys staff shall conduct the proceedings on behalf of the state if requested to do so by the juvenile court if the state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provisions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of the district attorneys staff, the district attorney or staff member shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and probation officers of the juvenile court to assist the district attorney or staff member in obtaining any such files, transcripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding.
(e)(1) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent childs alleged offense that the victim may submit a victim impact statement if:
(A) The delinquent child, in committing a felony, caused physical, psychological, or economic injury to the victim; or (B) The delinquent child, in committing a misdemeanor, caused serious physical injury or death to the victim.

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(2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution. (3) A victim impact statement shall:
(A) Identify the victim of the offense and the perpetrator; (B) Itemize any economic loss suffered by the victim as a result of the offense; (C) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (D) Describe any change in the victims personal welfare or familial relationships as a result of the offense; (E) Identify any request for psychological services initiated by the victim or the victims family as a result of the offense; and (F) Contain any other information related to the impact of the offense upon the victim that the court requires. (4) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victims mental, emotional, or physical incapacity, or because of such victims age, the victims attorney or a family member may complete the victim impact statement form on behalf of the victim. (5) The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the child to have the opportunity to rebut the victims written statements. (6) No disposition of the child shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person. (f) At any hearing on a petition alleging deprivation of a child, the court shall make and file its findings as to whether the child is a deprived child, as defined in paragraph (8) of Code Section 15-11-2, and whether such deprivation is found to have been the result of alcohol or other drug abuse."
SECTION 5. Said article is further amended in Part 6, relating to deprivation, by inserting a new Code section to be designated Code Section 15-11-54 to read as follows:
"15-11-54. (a) Findings. After hearing the evidence on any petition alleging deprivation, the court shall make and file its findings as to whether the child is a deprived child. If the court finds that the child is not a deprived child, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding.

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(b) Findings with regard to result of alcohol abuse or drug abuse. If the court finds that a child is deprived, the court shall also make and file a finding as to whether such deprivation is the result of alcohol abuse or drug abuse by a parent or guardian. (c) Disposition. The court shall proceed immediately or at a postponed hearing to make a proper disposition of the case in accordance with Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is deprived."
SECTION 6. Said part of said article is further amended in Code Section 15-11-55, relating to the disposition of a deprived child, by striking in its entirety subsection (e) and inserting in lieu thereof the following:
"(e) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse by a parent or guardian, as specified in subsection (f) (b) of Code Section 15-11-41 15-11-54, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the person having custody of the child when the deprivation occurred childs custodian or guardian whose abuse of alcohol or another drug resulted in the childs deprivation unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months."
SECTION 7. Said part of said article is further amended by striking in its entirety Code Section 15-1156, relating to court findings, disposition, evidence, continuances, and scheduling, and inserting in lieu thereof the following:
"15-11-56. (a) Findings. After hearing the evidence on any petition alleging delinquency, unruliness, or deprivation, the court shall make and file its findings as to whether the child is a deprived child or, if the petition alleges that the child is delinquent or unruly, after hearing the evidence the court shall make and file its findings as to whether the acts ascribed to the child were committed by the child. If the court finds that the child is not a deprived child or that the allegations of delinquency or unruly conduct have not been established, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding. (b) Disposition. The court shall proceed immediately or at a postponed hearing to make a proper disposition of the case if the court finds from clear and convincing evidence that the child:
(1) Is deprived; (2) Is in need of treatment or rehabilitation as a delinquent child; or (3) Is in need of treatment or rehabilitation or supervision as an unruly child. (c)(a) Evidence. In dispositional hearings under subsection (b) (c) of this Code section Section 15-11-54 and in all proceedings involving custody of a child, all information

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helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the courts discretion. Confidential sources of information need not be disclosed. (d)(b) Continuances; scheduling. On its own motion or that of a party, the court may continue the hearings under subsection (c) of this Code section Section 15-11-54 for a reasonable period to receive reports and other evidence bearing on the disposition or the childs need for treatment or rehabilitation of a child. In this event, the court shall make an appropriate order for detention protection of the child or for the childs release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise has been removed from his or her home before an order of disposition has been made."
SECTION 8. Said part of said article is further amended in Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, by striking in its entirety paragraph (2) of subsection (n) and inserting in lieu thereof the following:
"(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected, including and to the foster parents, if any, of a child and any preadoptive parent or relative providing care for the child. except that this This provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard; and".
SECTION 9. Said part of said article is further amended by striking in their entirety subsections (o), (p), and (q) of Code Section 15-11-58, relating to family reunification, reports and plans, custody orders, duration of orders, review of determinations, hearings, and supplemental orders, and inserting in lieu thereof the following:
"15-11-58.1. (o)(a) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:

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(1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (p)(b) Except as provided in Code Section 15-11-70, the The court may terminate an order of disposition of a child adjudicated as deprived or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (q)(c) Unless otherwise provided by law, when the a child who has been adjudicated as deprived reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 10. Said article is further amended in Part 7, relating to delinquency and unruliness, by inserting two new Code sections to be designated Code Sections 15-11-64.1 and 15-1164.2 to read as follows:
"15-11-64.1. In any delinquency proceeding in which a petition has been filed, the district attorney or a member of the district attorneys staff shall conduct the proceedings on behalf of the state if requested to do so by the juvenile court if the state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provisions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of the district attorneys staff, the district attorney or staff member shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and probation officers of the juvenile court to assist the district attorney or staff member in obtaining any such files, transcripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding.
15-11-64.2. (a) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent childs alleged offense that the victim may submit a victim impact statement if:
(1) The allegedly delinquent child, in conduct which would constitute a felony if committed by an adult, caused physical, psychological, or economic injury to the victim; or

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(2) The allegedly delinquent child, in conduct which would constitute a misdemeanor if committed by an adult, caused serious physical injury or death to the victim. (b) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution. (c) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victims personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victims family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (d) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victims mental, emotional, or physical incapacity, or because of such victims age, the victims attorney or a family member may complete the victim impact statement form on behalf of the victim. (e) The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the child to have the opportunity to rebut the victims written statements. (f) No disposition of the child shall be invalidated because of failure to comply with the provisions of this subsection. This subsection shall not be construed to create any cause of action or any right of appeal on behalf of any person."
SECTION 11. Said article is further amended in said part by striking in its entirety Code Section 15-1165, relating to disposition hearings for delinquent or unruly children and evidence, and inserting in lieu thereof the following:
"15-11-65. (a) Dispositional hearing for delinquent or unruly child. If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he or she is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and shall make and file its findings thereon. If the court finds that the allegations of delinquency or unruly conduct have not been established, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in relation to the allegations.

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If the child is to be held in custody at a detention facility between the adjudicatory hearing and the dispositional hearing, the court shall conduct the dispositional hearing within 30 days of the adjudicatory hearing. If the dispositional hearing is conducted more than 30 days after the adjudicatory hearing, unless the court shall make and file makes and files written findings of fact explaining the need for the delay. In the absence of evidence to the contrary, evidence sufficient to warrant a finding that acts have been committed which constitute a felony is also sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the court finds that the child is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered. (b) Evidence. In dispositional hearings under subsection (a) of this Code section and in all proceedings involving custody of a child, all information helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the courts discretion. Confidential sources of information need not be disclosed. (c) Continuances; scheduling. On its own motion or that of a party, the court may continue the hearings under this Code section for a reasonable period to receive reports and other evidence bearing on the disposition or the childs need for treatment or rehabilitation. In this event, the court shall make an appropriate order for detention of the child or for the childs release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home before an order of disposition has been made."
SECTION 12. Said article is further amended in said part by striking in its entirety Code Section 15-1166, relating to disposition of delinquent children, and inserting in lieu thereof the following:
"15-11-66. (a) At the conclusion of the adjudicatory hearing dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposition best suited to the childs treatment, rehabilitation, and welfare:
(1) Any order authorized by Code Section 15-11-55 for the disposition of a deprived child; (2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of:

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(A) The probation officer of the court or the court of another state as provided in Code Section 15-11-89; (B) Any public agency authorized by law to receive and provide care for the child; or (C) The chief executive officer of any community rehabilitation center acknowledging in writing such officers willingness to accept the responsibility for the supervision of the child; (3) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority; (4) An order committing the child to the Department of Juvenile Justice; (5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Department of Juvenile Justice. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Department of Juvenile Justice. In the event that the child changes his or her place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the childs residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the commissioner of juvenile justice certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or the childs family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order; (6) An order requiring that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court; or (7) An order requiring the child to remit to the general fund of the county a sum not to exceed the maximum applicable to an adult for commission of any of the following offenses: homicide by vehicle, manslaughter resulting from the operation of a motor vehicle, any felony in the commission of which a motor vehicle is used, hit and run or leaving the scene of an accident, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, driving under the influence of alcohol or drugs, possession of controlled substances or marijuana, driving without proof of minimum required motor vehicle insurance, or any violation of the Code sections contained in Title 40 which is properly adjudicated as a delinquent act. (b) At the conclusion of the adjudicatory hearing dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the drivers license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a

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drivers license, prohibit the issuance of a drivers license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the drivers license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center, or after assessment and with the court's approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court . (b.1) Notwithstanding the provisions of subsections (a) and (b) of this Code section, at the conclusion of the adjudicatory hearing dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent offense which would be a violation of subsection (k) of Code Section 40-6-391 if committed by an adult, the court shall make an order of disposition which, for purposes of the childs rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391 which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1. (c) In any case in which a child who has not achieved a high school diploma or the equivalent is placed on probation, the court may require as a condition of probation that the child pursue a course of study designed to lead to achieving a high school diploma or the equivalent; and, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed."
SECTION 13. Said article is further amended in said part by striking in its entirety Code Section 15-1170, relating to duration, termination, and extensions of disposition orders for delinquent or unruly children, and inserting in lieu thereof the following:
"15-11-70. (a) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:

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(1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency or unruliness, except an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the courts own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (c) The court may terminate an order of disposition of a child adjudicated as delinquent or unruly or an extension of such a disposition order prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (d) Unless otherwise provided by law, when a child who has been adjudicated as delinquent or unruly reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 14. Said article is further amended in Part 8, relating to access to records and hearings, by striking in its entirety subsection (b) of Code Section 15-11-79, relating to inspection of court files and records, and inserting in lieu thereof the following:
"(b) Subject to the requirements of subsection (c) (a) of Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (b) of Code Section 15-11-78. The general public shall be allowed to inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-28."

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SECTION 15. Said article is further amended in said part in Code Section 15-11-79.2, relating to sealing records, by striking subsection (b), by redesignating subsections (a), (c), and (d) as subsections (b), (d), and (e), respectively, and by inserting the following new subsections:
"(a) Upon dismissal of a petition or complaint alleging delinquency or unruliness, or, in a case handled through informal adjustment, following completion of the informal adjustment, the court shall order the sealing of the files and records in the case, including those specified in Code Sections 15-11-82 and 15-11-83." "(c) Reasonable notice of the hearing required by subsection (b) of this Code section shall be given to:
(1) The district attorney; (2) The authority granting the discharge if the final discharge was from an institution or from parole; and (3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-82 and 15-11-83 are included in the application or motion."
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

Representative Squires of the 78th moved that the House agree to the Senate substitute to HB 127.

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 Benfield Y Birdsong Y Black Y Boggs 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 Y Dean Y Deloach, B Y Deloach, G Y Dix
Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett E Floyd Y Forster Y Franklin Y Gardner E Golick Y Grasse Y Graves

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan E Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier E Lewis Y Lord
Lucas

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D

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 Stanley Y Stanley-Turner E Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman Y Turnquest Y Twiggs

Y Burkhalter Y Burmeister Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

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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 Lunsford Maddox
Y Mangham Y Manning 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
Seay Y Shanahan E Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the motion, the ayes were 159, nays 0. The motion prevailed.

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Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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 and adopted:

HR 1311. By Representative Mangham of the 75th:
A RESOLUTION honoring Mrs. Eulalie Leverette on the occasion of her birthday; and for other purposes.

HR 1312. By Representatives Cummings of the 27th and Murphy of the 18th:
A RESOLUTION congratulating the Rockmart High School Wrestling Team and Coach Kelly McDurmon for winning the 2002 Class AA state wrestling championship; and for other purposes.

HR 1313. By Representative Hudson of the 120th:
A RESOLUTION expressing regret at the passing of Henrietta Walker Glover; and for other purposes.

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HR 1314. By Representative Hudson of the 120th: A RESOLUTION expressing regret at the passing of Bob Fandl; and for other purposes.
HR 1315. By Representatives Smith of the 169th and Mosley of the 171st: A RESOLUTION commending Dorothy and E.J. Davis of Bacon County on their 50th wedding anniversary; and for other purposes.
HR 1316. By Representatives McBee of the 88th, Hudgens of the 24th, Heard of the 89th and Irvin of the 45th: A RESOLUTION commending Dr. Leila Daughtry Denmark for her stellar medical career; and for other purposes.
HR 1317. By Representative Franklin of the 39th: A RESOLUTION commending Thomas Jesse Brannen; and for other purposes.
HR 1318. By Representatives Wix of the 33rd, Johnson of the 35th, Parsons of the 40th, Cooper of the 31st, Morris of the 155th and others: A RESOLUTION commending Six Flags Over Georgia on its 35th anniversary; and for other purposes.
The Speaker assumed the Chair.
Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:

FRIDAY, MARCH 1, 2002

1415

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 1582 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
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 1219 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1219. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A RESOLUTION commending the Carl Vinson Institute of Government and inviting the director, Dr. James G. Ledbetter, to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and referred to the Committee on Rules:

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HR 1309. By Representatives Everett of the 163rd and Stokes of the 92nd:
A RESOLUTION commending the members of the Silver-Haired Legislature and inviting representatives to appear before the House of Representatives; and for other purposes.
HR 1310. By Representative Smith of the 91st:
A RESOLUTION recognizing and commending William B. Roper, Jr. and inviting him to appear before the House of Representatives; and for other purposes.
Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1182 Do Pass, by Substitute
Respectfully submitted, /s/ Ray of the 128th
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 1309 Do Pass

FRIDAY, MARCH 1, 2002

1417

Respectfully submitted, /s/ Smyre of the 136th
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1309. By Representatives Everett of the 163rd and Stokes of the 92nd:
A RESOLUTION commending the members of the Silver-Haired Legislature and inviting representatives 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 substitute, by the requisite constitutional majority, the following bill of the House:
HB 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 7, 2002.

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Representative Hall, Atlanta, Georgia Thursday, March 7, 2002

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Anderson Ashe Bannister Barnard Benfield Birdsong Black Boggs Bridges Brooks Broome Brown Buck Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Campbell Cash Childers Coan Coleman, B Collins Connell

Cooper E Cox
Crawford Cummings Davis E Day Deloach, B Deloach, G Dodson Drenner Ehrhart Everett Floyd Forster Franklin Gardner Golick Grasse Graves Greene Hammontree Hanner Harbin Harrell Heard Hembree Henson

Hines Holland Houston Howard Hudgens Hudson, N Hugley Jackson, B Jackson, L James Jennings Johnson Jordan Joyce Keen Knox Lane Lanier Lewis Lord Lucas Lunsford Mangham Manning Massey McBee Millar

Mills Morris Mosley Mueller Muntean O'Neal Parrish Parsons Pelote Pinholster Poag Purcell Randall Reece Rice Richardson Roberts, D Roberts, L Royal Sanders Scheid Scott Seay Shanahan Shaw Sholar Sims

Sinkfield Skipper Smith, C Smith, L Smith, P E Smith, T Smith, V Snelling Stallings Stanley-Turner Stephens Stokes Taylor E Teague Teper Turnquest Unterman West Westmoreland Wiles Wilkinson Willard Williams, J Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 97th, Bell of the 25th, Bordeaux of the 151st, Borders of the 177th, Channell of the 111th, Coleman of the 142nd, Dean of the 48th, Dix of the 76th, Epps of the 131st, Heckstall of the 55th, Hudson of the 120th, Jamieson of the 22nd, Jenkins of the 110th, Maddox of the 72nd, McCall of the 90th, McClinton of the 68th, Parham of the 122nd, Porter of the 143rd, Powell of the 23rd, Ragas of the 64th, Ray of the 128th, Reed of the 52nd, Reichert of the 126th, Sailor of the 71st, Smith of the

THURSDAY, MARCH 7, 2002

1419

19th, Smyre of the 136th, Snow of the 2nd, Squires of the 78th, Stanley of the 49th, Tillman of the 173rd, Twiggs of the 8th, Walker of the 141st, and Walker of the 87th.
They wish to be recorded as present.

Prayer was offered by the Reverend Richard C. Britton, Jr., St. Luke's Episcopal Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 61st, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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HB 1642. By Representatives Broome of the 160th and Sholar of the 179th:
A BILL to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic resources, memorials, and recreation, so as to provide that artifacts located on or in certain privately owned riverbeds shall not be subject to the law relating to submerged cultural resources but shall be subject to the law relating to protection of archeological, aboriginal, prehistoric, and historic sites; to change certain provisions of law relating to prohibited acts as to archeological, aboriginal, prehistoric, and historic sites so as to expand the applicability of such provisions; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1643. By Representatives Benfield of the 67th, Parham of the 122nd, Powell of the 23rd and Reed of the 52nd:
A BILL to amend Code Section 40-16-2 of the Official Code of Georgia Annotated, relating to primary responsibilities of the Department of Motor Vehicle Safety, so as to provide for enforcement of certain provisions; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of taxicabs by the Department of Motor Vehicle Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1644. By Representatives Benfield of the 67th, Davis of the 60th, Henson of the 65th, Sailor of the 71st, Teper of the 61st and others:
A BILL to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the punishments which may be imposed by the court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1645. By Representative Rice of the 79th:
A BILL to amend Code Section 30-1-6 of the Official Code of Georgia Annotated, relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons, so as to provide that assaulting or causing the death of an assistance dog or attempting to do so shall be a felony; to provide that interfering with assistance dog duties or attempting to do so shall be a misdemeanor; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1646. By Representatives Yates of the 106th, Smith of the 103rd, Brown of the 130th and Westmoreland of the 104th:
A BILL to amend an Act providing a homestead exemption from certain Coweta County ad valorem taxes for county purposes, so as to increase certain homestead exemption amounts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1647. By Representative Manning of the 32nd:
A BILL to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support in general, so as to change provisions relating to verification of financial status of parties in support proceedings; to provide that in cases involving support issues no final judgment shall be entered until each party has filed an affidavit concerning his or her financial condition; to provide that where such a case has been the subject of mediation no mediated judgment shall be entered until the court has been presented with verification concerning the applicability of support guidelines; and for other purposes.

Referred to the Committee on Judiciary.

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HB 1648. By Representative Morris of the 155th:
A BILL to amend an Act to provide for the composition of the Board of Education of Wheeler County, so as to provide for the compensation of the members of said board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1649. By Representatives Ragas of the 64th, Mobley of the 69th, Benfield of the 67th, Mangham of the 75th, Maddox of the 72nd and others:
A BILL to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees; to provide for certain fees; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1650. By Representatives Dodson of the 94th, Jordan of the 96th, Buckner of the 95th and Barnes of the 97th:
A BILL to amend an Act reincorporating the City of Lake City, so as to change the corporate boundaries of said city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1651. By Representatives Snelling of the 99th and Hembree of the 98th:
A BILL to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide for the membership of the board of directors of the authority and quorum; to establish certain definitions; to provide for the issuance of such debt instruments as are permitted by law; to establish the power of the authority to enter intergovernmental agreements; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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1423

HB 1652. By Representative McCall of the 90th:
A BILL to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to define certain terms; to provide that best management practices for purposes of the prevention of soil erosion and excessive sedimentation shall include a soil analysis and the maximum use of compost and mulch to protect and restore the soil; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 1655. By Representatives Yates of the 106th, Westmoreland of the 104th, Smith of the 103rd and Brown of the 130th:
A BILL to amend an Act creating a board of commissioners for Coweta County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1656. By Representatives Holland of the 157th and Jenkins of the 110th:
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 provide for a definition; to provide that the failure by a consumer credit counseling agency or any officer, employee, or agent thereof to disclose certain information shall be an unfair and deceptive trade practice and shall be unlawful; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1657. By Representatives Holland of the 157th and Jenkins of the 110th:
A BILL to amend Article 1 of Chapter 3 of Title 13 of the Official Code of Georgia Annotated, relating to general provision relative to the elements and formation of contracts generally, so as to provide that certain provisions in a

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contract providing for binding arbitration or consenting to a legal jurisdiction outside of this state shall be void as against the policy of this state; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1658. By Representatives Cummings of the 27th and Murphy of the 18th:
A BILL to amend an Act creating a board of commissioners of roads and revenue in and for the County of Polk, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1659. By Representative Teper of the 61st:
A BILL to amend Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, so as to enact the "Guaranteed Energy Cost Savings Act"; and for other purposes.

Referred to the Committee on Industry.

HB 1660. By Representative Hudson of the 156th:
A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Wilcox County; to specify the vehicle registration period for Wilcox County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1661. By Representative Hudson of the 156th:
A BILL to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the description of the commissioner districts; and for other purposes.

THURSDAY, MARCH 7, 2002

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Referred to the Committee on State Planning & Community Affairs - Local.
HB 1662. By Representative Reece of the 11th: A BILL to provide for the election of members of the board of education of Chattooga County; to revise the districts for the election of members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1663. By Representatives Buck of the 135th, Smyre of the 136th, Taylor of the 134th, Hughley of the 133rd, Smith of the 102nd and others: A BILL to amend an Act providing a new charter for the county-wide government of Columbus, so as to revise the districts for the election of members of the city council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1664. By Representative Jenkins of the 110th: A BILL to amend Code Section 43-6-9 of the Official Code of Georgia Annotated, relating to the licensing requirement for auctioneers and apprentice auctioneers and restrictions as to sales of real property, so as to provide that a licensed auctioneer or apprentice auctioneer shall not be required to obtain any other license to offer or sell real or personal property at auction; and for other purposes.
Referred to the Committee on Industry.
HB 1665. By Representative Jenkins of the 110th: A BILL to amend Code Section 20-2-505 of the Official Code of Georgia Annotated, relating to the prohibition of a school board member from selling

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JOURNAL OF THE HOUSE
school supplies or equipment to county board and a penalty, so as to provide an exception to such prohibition; and for other purposes.

Referred to the Committee on Education.

HB 1666. By Representative Sholar of the 179th:
A BILL to amend an Act creating a new Board of Education of Grady County, so as to provide for a new method of filling vacancies occurring on such board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1667. By Representative Smith of the 169th:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

HB 1668. By Representative Stephens of the 150th:
A BILL to amend an Act creating a new charter for the City of Garden City, so as to change the provisions relating to the terms of office of the mayor and councilmembers; to change the provisions relating to municipal elections; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1669. By Representatives Henson of the 65th, Coleman of the 142nd, Walker of the 141st, Royal of the 164th, Ashe of the 46th and others:

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1427

A BILL to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions relating to grant certification; to provide for definitions; to provide for procedures, conditions, and limitations; and for other purposes.

Referred to the Committee on Appropriations.

HR 1319. By Representative Rogers of the 20th:
A RESOLUTION designating the "Ronnie Green Parkway"; and for other purposes.

3/1/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1319. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Rogers District 20

Referred to the Committee on Transportation.

HR 1320. By Representatives Benfield of the 67th, Drenner of the 66th and Henson of the 65th:
A RESOLUTION designating that portion of Covington Highway within the city limits of Avondale Estates as a Blue Star Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

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HR 1321. By Representatives Royal of the 164th, Hudson of the 156th, Ray of the 128th and Floyd of the 138th:
A RESOLUTION creating the House Biodiesel Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 1322. By Representatives Jamieson of the 22nd, Smith of the 12th and Cummings of the 27th:
A RESOLUTION creating the House Arts Education Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 1323. By Representatives Williams of the 83rd, McCall of the 90th, Westmoreland of the 104th, Wix of the 33rd and West of the 101st:
A RESOLUTION creating the House Tow Truck Rapid Response Study Committee; and for other purposes.

Referred to the Committee on Rules.

HR 1324. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A RESOLUTION urging the United States Congress to restore funding for the Manufacturing Extension Partnership (MEP) at the $110 million level in the fiscal year 2003 federal budget; and for other purposes.

Referred to the Committee on Rules.

THURSDAY, MARCH 7, 2002

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HR 1325. By Representative Twiggs of the 8th:
A RESOLUTION designating a portion of SR 17 in Towns County as Veterans Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 1326. By Representatives Mangham of the 75th and Jordan of the 96th:
A RESOLUTION creating the Commission on Fairness for Prisoners' Families; and for other purposes.

Referred to the Committee on Rules.

HR 1327. By Representative Connell of the 115th:
A RESOLUTION designating the Technology Corridor and providing for certain authority and duty of the Department of Transportation; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

HB 1698. By Representatives Lucas of the 124th, Randall of the 127th, Reichert of the 126th, Ray of the 128th and Graves of the 125th:
A BILL to amend an Act establishing the Board of Public Education for Bibb County, so as to provide for the number of members comprising the board of education; to provide for the election of board members and filling vacancies; to reapportion the education districts within the Bibb County School District; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1699. By Representatives West of the 101st, Smith of the 12th, Greene of the 158th and Hanner of the 159th:
A BILL to amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets, opening and closing waters, and identification on boats taking shrimp, so as to provide that a certain limitation shall not apply to vessels having a draft of seven feet or less; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1622 HB 1623 HB 1624 HB 1625 HB 1626 HB 1627 HB 1628 HB 1629 HB 1630 HB 1631 HB 1632 HB 1633 HB 1634 HB 1635 HB 1636 HB 1637

HB 1638 HB 1639 HB 1640 HB 1641 HB 1653 HB 1654 HR 1296 HR 1308 SB 215 SB 389 SB 395 SB 465 SB 502 SB 503 SR 604 SR 660

Pursuant to Rule 52, Representative Stanley of the 49th moved that the following Bill of the House be engrossed:

HB 1633. By Representatives Stanley of the 49th, Stanley of the 50th, Massey of the 86th, McCall of the 90th and Powell of the 23rd:

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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; to redefine the term "convicted" for such purposes; and for other purposes.

The motion prevailed.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 61 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health and Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health and Ecology has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1089 Do Pass, by Substitute HB 1350 Do Pass HB 1595 Do Pass

HB 1622 Do Pass HR 1118 Do Pass SB 364 Do Pass, as Amended

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Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Byrd of the 170th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 387 Do Pass

Respectfully submitted, /s/ Byrd of the 170th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1083 Do Pass, by Substitute HB 1215 Do Pass, by Substitute HB 1457 Do Pass

HB 1568 Do Pass, by Substitute SB 392 Do Pass

Respectfully submitted, /s/ Hudson of the 156th
Chairman

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1433

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1111 Do Pass, by Substitute HB 1368 Do Pass HB 1398 Do Pass

HB 1402 Do Pass HB 1613 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 1226 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:

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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 1608 Do Pass HB 1609 Do Pass HB 1611 Do Pass

HB 1612 Do Pass HB 1615 Do Pass HB 1618 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 7, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

HB 931 HB 1112 HB 1256 HB 1289 HB 1329 HB 1344 HB 1405 HB 1437
HB 1490 HB 1494
HB 1538

Employees' Retirement; full retirement benefit; certain reemployment Motor vehicles; registration and licensing; amend certain provisions Notaries public; unauthorized practice of law; prohibition Georgia Aviation Hall of Fame; additional powers of board Bingo games; fee for conducting; participation in operations Volunteers in Medicine Health Care Act; continuation Public officers and employees on military duty; salary differential Grand juries; transcription provisions; certain counties, population classification Coroners; certain counties; additional compensation State employees' health insurance; agricultural commodity commission employees Southwest Georgia Railroad Excursion Authority; assign to Department of Natural Resources

THURSDAY, MARCH 7, 2002

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HB 1557 HB 1565 HR 1143 HR 1224

Colleges; secondary enrollment for credit; grant account; amend Income tax credit; rural physician and rural hospital; redefine Cancer research; contributions; urge promotion of income tax checkoff National Nutrition Month in Georgia; designate March, 2002

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 1608. By Representatives Wiles of the 34th, Hines of the 38th, Ehrhart of the 36th, Franklin of the 39th, Collins of the 29th 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 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 115, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1609. By Representatives Wiles of the 34th, Ehrhart of the 36th, Johnson of the 35th, Cooper of the 31st, Kaye of the 37th 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 provide for the salaries of the tax commissioner and the chief clerk to the tax commissioner; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1612. By Representatives Shanahan of the 10th, Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A BILL to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplement to be paid to each judge and to the district attorney of such circuit; 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 115, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1615. By Representatives Amerson of the 7th and Poag of the 6th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Fannin County, so as to change the provisions relating to the compensation of the 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.
On the passage of the Bill, the ayes were 115, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1618. By Representative Hanner of the 159th:
A BILL to amend an Act creating a Board of Commissioners of Terrell County, so as to reapportion the commissioner districts; 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 115, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

HB 1611. By Representatives Roberts of the 162nd and Dukes of the 161st:
A BILL to create the City of Albany and Albany State University Stadium Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 32.
The Bill, having received the requisite constitutional majority, was passed.

Representative Everett of the 163rd would like to be recorded as voting "nay" on HB 1611.

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:

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JOURNAL OF THE HOUSE

SB 471. By Senators Tate of the 38th, James of the 35th, Thomas of the 10th, Scott of the 36th and Fort of the 39th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that city who are 65 years of age or older and whose annual household income does not exceed $99,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 497. By Senators Seabaugh of the 28th and Lee of the 29th:
A BILL to be entitled an Act to amend an Act entitled "Griffin-Spalding County School System," approved February 25, 1953 (Ga. L. 1953, Jan-Feb. Sess., p. 2563), as amended, particularly by a local constitutional amendment (Ga. L. 1982, p. 2680), which was continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved February 18, 1987 (Ga. L. 1987, p. 3545), and by an Act approved April 9, 1993 (Ga. L. 1993, p. 5192), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the manner of election; to provide for qualifications; to provide for legislative authority; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 1409. By Representatives Buck of the 135th, Hugley of the 133rd, Taylor of the 134th, Smith of the 102nd, Roberts of the 132nd and others:
A BILL to amend an Act creating the Muscogee County School District, so as to change the description of the education districts; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 471. By Senators Tate of the 38th, James of the 35th, Thomas of the 10th, Scott of the 36th and Fort of the 39th:
A BILL to be entitled an Act to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount

THURSDAY, MARCH 7, 2002

1439

equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that city who are 65 years of age or older and whose annual household income does not exceed $99,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 497. By Senators Seabaugh of the 28th and Lee of the 29th:
A BILL to be entitled an Act to amend an Act entitled "Griffin-Spalding County School System," approved February 25, 1953 (Ga. L. 1953, Jan-Feb. Sess., p. 2563), as amended, particularly by a local constitutional amendment (Ga. L. 1982, p. 2680), which was continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved February 18, 1987 (Ga. L. 1987, p. 3545), and by an Act approved April 9, 1993 (Ga. L. 1993, p. 5192), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the manner of election; to provide for qualifications; to provide for legislative authority; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

1440

JOURNAL OF THE HOUSE

HR 1226. By Representatives Parsons of the 40th, Johnson of the 35th, Ehrhart of the 36th, Cooper of the 31st, Dix of the 76th and others:
A RESOLUTION recognizing and commending G. Bryant Wright and inviting him to appear before the House of Representatives; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act", approved April 26, 2001 (Ga. L. 2001, p. 628), so as to change certain appropriations for the State Fiscal Year 2001-2002; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
An Act providing appropriations for the State Fiscal Year 2001-2002, as amended, known as the "General Appropriations Act" approved April 26, 2001 (Ga. L. 2001, p. 628), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2001, and ending June 30, 2002, as prescribed hereinafter for such

THURSDAY, MARCH 7, 2002

1441

fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $13,867,000,000 (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 Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Total Funds Budgeted
State Funds Budgeted

$ 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

$

90,000

$ 3,686,488

$

745,000

$

105,000

$ 1,652,000

$ 35,789,123

$ 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 State Funds

$ 13,556,950 $ 13,556,950

$

473,527 $

473,527

$ 1,546,655 $ 1,546,655

$ 15,577,132 $ 15,577,132

1442

JOURNAL OF THE HOUSE

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,655,653 $ 3,655,653

$ 2,564,415 $ 2,564,415

$ 1,188,886 $ 1,188,886

$ 3,686,063 $ 3,686,063

$

415,837 $

415,837

$ 11,510,854 $ 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 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

THURSDAY, MARCH 7, 2002

1443

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
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

$ 30,534,070

$ 24,887,570

$

817,300

$

550,000

$

115,000

$

180,000

$ 1,034,200

$

245,000

$

0

$ 2,385,000

$

320,000

$ 30,534,070

$ 30,534,070

$ 138,706,033

$ 17,076,391

$ 117,290,194

$ 3,975,709

$ 1,911,046

$

40,000

$

800,000

$

618,628

$ 141,711,968

$ 138,706,033

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

Total Funds State Funds

$ 8,602,935 $ 7,382,486

$ 11,241,760 $ 11,145,760

$ 49,740,955 $ 49,740,955

$ 46,033,727 $ 44,489,822

$ 1,424,347 $ 1,424,347

$ 1,133,843 $ 1,133,843

$ 12,760,967 $ 12,615,386

$

271,476 $

271,476

1444

JOURNAL OF THE HOUSE

Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

$ 7,659,946 $ 7,659,946

$ 2,500,030 $ 2,500,030

$

341,982 $

341,982

$ 141,711,968 $ 138,706,033

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

$ 53,636,693

$ 17,862,975

$ 4,624,014

$

316,002

$

41,580

$

206,878

$ 3,136,437

$ 1,250,703

$

491,020

$

984,600

$

186,335

$

0

$

0

$

0

$ 2,350,000

$

539,022

$

0

$

0

$ 6,014,012

$

496,375

$

35,000

$

48,500

$

75,000

$

200,000

$

0

$ 35,412,874

$

405,335

$ 74,676,662

$ 53,636,693

Departmental Functional Budgets
Administration Support Services

Total Funds State Funds

$ 43,804,715 $ 40,819,783

$ 13,304,551 $

309,536

THURSDAY, MARCH 7, 2002

1445

Statewide Business Risk Management State Properties Commission Office of the Treasury State Office of Administrative Hearings Executive Administration Total

$ 3,338,810 $ 3,309,440

$ 3,556,574 $

504,735

$

739,446 $

739,446

$ 2,004,091 $

514,320

$ 4,687,767 $ 4,383,843

$ 3,240,708 $ 3,055,590

$ 74,676,662 $ 53,636,693

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

$

0

$ 20,672,119

$ 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

$ 43,318,622

$

0

Departmental Functional Budgets
Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 1,317,283 $

0

$ 25,682,445 $

0

$ 6,194,810 $

0

$ 2,795,009 $

0

$ 3,172,157 $

0

$ 4,156,918 $

0

$ 43,318,622 $

0

C. Budget Unit: State Funds - Georgia Technology Authority
Personal Services Regular Operating Expenses Travel

$

0

$ 50,407,119

$ 5,370,000

$

640,000

1446

JOURNAL OF THE HOUSE

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted
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

$

50,000

$

470,000

$ 50,575,000

$ 2,929,105

$

6,000

$ 40,719,657

$

0

$

0

$ 84,523,000

$

501,019

$ 6,194,830

$

0

$ 242,385,730

$

0

$ 41,674,167

$ 34,213,396

$ 4,343,606

$ 1,027,928

$

400,085

$

462,082

$

667,341

$ 1,132,197

$

398,176

$

33,500

$ 1,723,644

$ 1,143,240

$ 3,521,803

$ 3,147,972

$

160,000

$

20,000

$

525,000

$

653,000

$

100,000

$

40,000

$

0

THURSDAY, MARCH 7, 2002

1447

Total Funds Budgeted State Funds Budgeted

$ 53,712,970 $ 41,674,167

Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

Total Funds State Funds

$ 9,221,789 $ 8,341,702

$ 17,118,956 $ 13,986,821

$ 7,941,323 $ 4,079,201

$ 6,986,030 $ 6,799,030

$

0$

0

$ 11,766,333 $ 8,467,413

$

678,539 $

0

$ 53,712,970 $ 41,674,167

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

$ 11,045,266

$ 9,150,914

$

444,245

$

460,850

$

125,250

$

4,347

$

254,459

$

488,687

$

103,079

$

13,435

$

0

$ 11,045,266

$ 11,045,266

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

$ 61,596,407

$ 22,781,741

$ 2,383,347

$

669,749

$

0

$

380,544

$ 1,496,653

$ 1,045,848

$

685,666

$

523,939

$

517,624

$

0

1448

JOURNAL OF THE HOUSE

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

$ 2,075,311

$ 27,630,322

$

167,885

$ 30,000,000

$ 1,651,557

$ 5,000,000

$ 3,086,441

$

0

$

617,500

$ 3,200,000

$

737,123

$ 3,000,000

$

0

$

0

$ 1,128,125

$ 1,250,000

$ 50,000,000

$ 4,468,807

$ 1,560,000

$

550,000

$

150,000

$ 166,758,182

$ 61,596,407

Departmental Functional Budgets
Executive Division Planning and Environmental Management Division Business and Financial Assistance Division Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division Total

Total Funds State Funds

$ 33,038,472 $ 32,866,728

$ 4,646,716 $ 4,418,640

$ 38,491,738 $ 6,843,839

$ 8,959,319 $ 3,146,441

$ 4,696,528 $ 3,012,041

$ 2,393,797 $

734,242

$ 1,631,789 $

841,045

$ 66,951,056 $ 3,784,664

$ 5,948,767 $ 5,948,767

$ 166,758,182 $ 61,596,407

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services

$ 1,387,075,930

THURSDAY, MARCH 7, 2002

1449

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

$ 16,046,291

$ 32,530,883

$ 8,389,066

$

454,282

$

30,000

$

83,736

$ 84,957,133

$ 1,730,148

$

757,954

$ 1,740,624

$ 403,045,471

$ 4,944,465,905

$ 1,097,500

$

64,732

$

183,244

$ 5,764,826

$ 975,000,000

$

27,000

$

400,000

$

762,000

$ 4,137,000

$ 2,202,803

$

137,500

$ 3,889,600

$ 18,790,098

$ 7,394,890

$

474,625

$

573,040

$

120,000

$ 6,499,204,060

$ 16,046,291

$ 1,387,075,930

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

Total Funds State Funds

$ 3,437,032 $ 2,949,703

$ 4,944,465,905 $ 1,311,645,685

$ 43,513,946 $ 14,715,598

$ 92,890,166 $ 16,711,599

$ 1,327,419 $

769,854

$

523,032 $

261,516

$

408,399 $

246,182

$ 79,106,082 $ 3,308,042

1450

JOURNAL OF THE HOUSE

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

$

688,383 $

470,086

$

487,663 $

470,536

$ 1,280,187,484 $

0

$ 1,965,986 $ 1,767,854

$ 38,191,472 $ 38,191,472

$ 2,534,729 $ 2,534,729

$ 1,462,134 $ 1,462,134

$ 8,014,228 $ 7,617,231

$ 6,499,204,060 $ 1,403,122,221

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits
Total Funds Budgeted
Indigent Trust Fund 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 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

$ 51,910,914

$ 4,575,922

$

373,496

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

0

$ 7,529,558

$ 188,035,705

$ 196,372,518

$ 4,575,922

$ 51,910,914

Section 9. Department of Corrections. State Funds - Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 916,459,096 $ 582,344,357 $ 67,356,595 $ 2,380,486 $ 1,388,269 $ 3,935,670

THURSDAY, MARCH 7, 2002

1451

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 Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 6,273,257

$ 6,917,786

$ 8,367,881

$

104,872

$ 82,418,841

$ 69,906,997

$ 25,901,513

$ 1,300,000

$ 33,725,673

$ 6,851,616

$

0

$ 1,093,624

$ 4,143,025

$ 1,752,150

$

577,160

$ 1,450,000

$ 115,272,611

$

449,944

$ 1,131,000

$ 1,025,043,327

$

450,000

$ 916,459,096

Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Programs Total

Total Funds $ 68,118,517 $ $ 34,936,982 $ $ 9,724,047 $ $ 72,496,342 $ $ 702,191,851 $ $ 137,575,588 $ $ 1,025,043,327 $

State Funds 30,331,144 34,925,448 9,677,889 71,925,674
645,075,910 124,523,031 916,459,096

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 8,541,200

$ 15,694,668

$ 17,980,129

$

90,875

$

0

$

52,800

$

130,625

1452

JOURNAL OF THE HOUSE

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay

Total Funds Budgeted State Funds Budgeted

$

44,010

$ 1,021,973

$ 1,421,895

$

244,000

$

0

$ 36,680,975

$ 8,541,200

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds State Funds

$ 2,706,014 $ 2,375,061

$ 6,481,226 $

971,213

$ 27,493,735 $ 5,194,926

$ 36,680,975 $ 8,541,200

Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education

$ 5,966,148,202 $ 30,000,000

$ 53,242,222

$ 7,747,497

$ 1,682,050

$

90,974

$

166,670

$ 1,110,295

$ 3,702,233

$ 23,343,474

$ 9,812,751

$ 2,027,117

$

800,451

$

0

$ 1,601,206,426 $ 1,431,924,825 $ 694,701,713 $ 48,775,823 $ 63,564,874 $ 176,902,561 $ 667,491,482 $ 137,724,602 $ 20,511,169

THURSDAY, MARCH 7, 2002
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 Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Drug Free School (Federal) School Lunch (State) Charter Schools Emergency Immigrant Education Program Title VI State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Innovative Programs

1453

$ 44,653,187

$ 26,424,199

$ 151,556,972

$ 868,905,907

$ 177,551,763

$ (1,003,292,614)

$ 152,216,303

$

0

$ 255,947,743

$ 6,548,910

$

852,291

$

875,000

$ 4,340,000

$ 61,011,301

$ 23,600,609

$

293,520

$ 240,262,432

$ 4,025,312

$ 157,076,091

$ 5,508,750

$ 1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$ 10,283,000

$ 21,325,701

$ 1,250,000

$

151,000

$ 2,811,600

$ 1,042,976

$ 9,550,907

$ 37,509,080

$ 6,900,307

$ 4,036,740

$ 58,222,772

$ 26,531,797

$ 107,826,070 $ 1,190,215

1454

JOURNAL OF THE HOUSE

Title II Math/Science Grant (Federal) Migrant Education Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Robert C. Byrd Scholarship (Federal) Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements 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

$ 7,466,425

$

274,395

$ 11,660,667

$ 64,597,687

$ 4,992,566

$ 4,046,930

$ 1,150,500

$ 6,018,289

$

350,000

$

559,847

$

0

$ 5,967,000

$ 30,000,000

$ 34,460,185

$ 10,023,360

$ 4,062,148

$ 9,242,307

$ 1,632,839

$

0

$

600,000

$ 4,015,000

$ 6,806,900,163

$

0

$ 30,000,000

$ 5,966,148,202

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 Student Achievement Total

Total Funds State Funds

$ 14,935,146 $ 12,685,118

$ 22,104,785 $ 12,291,312

$ 1,409,777 $ 1,332,188

$ 5,238,035 $ 5,126,380

$ 9,178,246 $

503,432

$ 16,747,616 $ 12,465,441

$ 6,703,524,429 $ 5,918,820,287

$ 5,815,742 $ 5,586,207

$ 5,405,636 $ 5,040,181

$ 6,288,969 $ 6,045,874

$ 16,251,782 $ 16,251,782

$ 6,806,900,163 $ 5,996,148,202

THURSDAY, MARCH 7, 2002
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
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 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

1455

$ 73,280,354

$ 68,280,354

$

0

$

0

$

0

$ 5,000,000

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 73,280,354

$ 73,280,354

$ 1,265,054

$ 228,422,112

$ 2,032,578

$ 6,251,957

$ 3,857,649

$

180,283

$

203,800

$

0

$

11,528

$

130,500

$

8,000

$ 1,076,947

$

300,693

$

30,276

$

0

$

0

$ 129,817,711

$

424,000

$ 372,748,034

$ 236,706,647

$ 1,265,054

$

0

$ 2,864,383

$

488,800

1456

JOURNAL OF THE HOUSE

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

$

29,000

$

0

$

12,450

$ 1,269,708

$

345,740

$

82,002

$

355,000

$ 1,452,000

$

0

$ 6,899,083

$

0

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

$ 37,767,168

$ 31,135,504

$ 6,371,813

$

182,397

$ 1,298,666

$ 2,114,831

$

357,000

$

9,120

$

996,955

$

11,150

$

833,076

$

60,000

$

28,500

$

0

$

0

$ 43,399,012

$ 37,767,168

Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total

Total Funds State Funds

$ 2,295,501 $

11,701

$ 36,856,974 $ 33,677,085

$ 4,246,537 $ 4,078,382

$ 43,399,012 $ 37,767,168

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses

$ 65,306,735 $ 51,795,302 $ 7,500,057

THURSDAY, MARCH 7, 2002

1457

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$

757,826

$ 1,883,106

$ 1,499,733

$ 1,250,822

$

931,560

$ 1,179,296

$ 4,125,474

$ 2,188,662

$

464,946

$

0

$ 4,362,600

$ 83,030,518

$ 160,969,902

$ 65,306,735

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total

Total Funds State Funds

$ 5,208,317 $ 5,163,773

$ 32,117,486 $ 29,351,415

$ 12,480,072 $ 10,674,637

$ 20,364,309 $ 19,756,279

$ 90,799,718 $

360,631

$ 160,969,902 $ 65,306,735

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

$ 52,918,590

$ 20,731,476

$ 2,116,564

$

390,115

$

0

$

320,067

$

562,686

$ 1,134,608

$

629,268

$ 4,197,100

$ 8,326,079

$ 4,519,119

$

40,000

$ 8,745,667

$

358,595

$

0

$ 4,138,891

1458

JOURNAL OF THE HOUSE

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

$

274,194

$

281,872

$

0

$

0

$

0

$

482,540

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$

0

$ 58,502,771

$ 52,918,590

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 State Funds

$ 13,663,381 $ 13,663,381

$ 1,260,716 $

957,745

$ 13,368,421 $ 13,368,421

$ 5,920,686 $ 5,206,841

$ 4,977,124 $ 4,779,124

$

512,221 $

512,221

$

505,822 $

505,822

$ 8,402,601 $ 8,290,671

$ 7,246,660 $ 2,989,225

$ 2,645,139 $ 2,645,139

$ 58,502,771 $ 52,918,590

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

$ 1,354,436,047 $ 68,649,314

$ 117,504,527

$ 5,538,693

$ 2,335,842

$

0

$

478,911

$ 9,732,793

$ 5,114,035

$ 40,232,233

$ 57,134,985

THURSDAY, MARCH 7, 2002

1459

Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Grant-In-Aid to Counties 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

$ 17,913,686

$

0

$

0

$ 87,335,076

$

163,451

$ 2,049,500

$ 2,064,276

$ 32,561,718

$

0

$

0

$ 380,159,726

$

0

$ 8,304,056

$ 182,673,721

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoptions

$

Children's Community Based Initiative

$

Human Resources and Organization Development $

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Office of Child Support Enforcement

$

Total

$

Total Funds 1,095,860 $ 4,114,201 $ 9,967,787 $
10,667,524 $ 1,315,425 $
78,789,363 $ 12,071,947 $
6,827,816 $ 841,421 $
3,478,499 $ 11,966,875 $
6,800,856 $ 10,008,434 $
2,740,884 $ 6,619,399 $ 17,391,703 $ 18,499,187 $
0$ 1,313,101 $ 92,159,757 $ 1,603,530 $ 81,886,157 $ 380,159,726 $

State Funds 1,095,860 4,085,685 6,470,923
10,392,524 1,315,425
38,621,941 11,209,873
5,527,783 771,421
3,451,930 5,862,410 2,150,330 5,618,724 2,740,884 6,619,399 2,880,863 18,499,187 (15,823,148) 1,313,101 59,667,215
26,035 18,479,412 190,977,777

1460

JOURNAL OF THE HOUSE

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

$ 53,991,427

$ 76,170,628

$

926,819

$

0

$

227,867

$ 1,509,862

$ 1,135,889

$ 25,380,480

$

0

$ 1,167,699

$ 1,049,000

$ 27,805,633

$ 160,228,974

$

0

$

187,190

$ 11,621,222

$ 361,402,690

$

0

$ 46,679,826

$ 170,283,452

Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health

Total Funds State Funds

$ 12,466,422 $ 12,308,854

$ 1,344,087 $ 1,130,256

$ 2,833,472 $ 2,508,297

$ 2,121,859 $ 1,009,997

$ 7,542,873 $ 6,776,054

$ 5,389,515 $ 5,389,515

$ 3,254,347 $ 1,040,088

$ 11,824,802 $ 6,069,517

$ 84,979,232 $

0

$ 74,161,009 $ 73,187,539

$ 13,274,321 $ 6,445,009

$ 3,985,044 $ 2,541,696

$

563,707 $

459,933

$ 3,451,463 $ 2,392,935

$ 1,651,583 $

0

$ 5,808,468 $ 4,260,521

$ 2,067,135 $ 1,216,225

$

837,156 $

622,030

THURSDAY, MARCH 7, 2002

1461

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 Injury Control Smoking Prevention and Cessation HIV Waiver Public Health - Division Indirect Cost Total

$ 2,896,860 $ 1,221,498

$ 1,829,312 $ 1,829,312

$

84,635 $

84,635

$ 19,030,756 $ 19,030,756

$ 2,984,424 $ 2,706,902

$ 2,187,292 $ 1,912,604

$

716,335 $

716,335

$ 2,160,969 $ 1,629,494

$ 8,316,363 $ 8,031,613

$

260,945 $

260,945

$ 21,379,558 $ 14,561,063

$ 10,638,458 $ 2,565,380

$ 12,584,798 $ 2,985,263

$

116,218 $

98,721

$ 13,075,941 $ 10,513,475

$

773,941 $

661,936

$ 24,809,390 $ 24,809,390

$

0$

0

$

0 $ (4,014,510)

$ 361,402,690 $ 216,963,278

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 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

$ 13,858,963

$ 3,041,835

$ 1,021,051

$

0

$

223,397

$

526,852

$ 7,232,617

$ 6,840,686

$

0

$

686,644

$ 7,588,495

$ 123,303,498

$ 7,180,365

$ 417,998,130

$ 30,812,287

$ 2,401,505

$ 370,910,587

$ 993,626,912

$

0

$ 3,341,218

1462

JOURNAL OF THE HOUSE

State Funds Budgeted

$ 410,056,628

Departmental Functional Budgets

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Economic Support

$

Temporary Assistance for Needy Families

$

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services $

County DFACS Operations - Joint and

Administration

$

County DFACS Operations - Employability Program $

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Troubled Children

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

Total Funds 1,005,105 $ 6,604,391 $ 4,738,570 $ 3,836,906 $
13,981,660 $ 2,974,858 $ 2,888,214 $ 3,601,138 $
114,134,948 $ 0$
2,795,420 $ 7,223,130 $ 127,678,795 $ 129,272,892 $ 3,190,752 $ 9,122,207 $
76,972,149 $ 28,564,544 $ 43,105,900 $
6,546,322 $ 60,543,230 $ 25,768,751 $
8,534,752 $ 44,089,254 $ 14,744,598 $ 60,812,454 $ 179,320,622 $
3,986,855 $ 7,588,495 $
0$ 993,626,912 $

State Funds 1,005,105 6,092,350 2,752,741 3,836,906 1,805,177 2,724,195 1,882,423 3,601,138
48,247,444 0 0 0
61,759,034 47,991,870
0 3,003,053
32,899,030 10,887,885 15,838,963
2,691,716 31,198,083 12,225,297
4,021,598 23,351,167
7,931,482 34,248,146 54,165,832
3,946,855 7,588,495 (12,298,139) 413,397,846

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities

$ 290,216,563

$ 57,333,348

$

200,000

$ 9,483,000

THURSDAY, MARCH 7, 2002

1463

Major Maintenance and Construction Community Services
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 1,991,161

$ 648,976,021

$ 1,008,200,093

$

0

$ 10,324,214

$ 591,422,246

Departmental Functional Budgets
Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total

Total Funds $ 30,210,632 $ $ 22,486,122 $ $ 28,631,373 $ $ 40,623,780 $ $ 113,747,565 $ $ 20,823,419 $ $ 48,457,289 $ $ 22,778,483 $ $ 4,243,973 $ $ 285,344,354 $ $ 268,135,914 $ $ 98,316,851 $ $ 15,017,279 $ $ 9,383,059 $ $ 1,008,200,093 $

State Funds 17,521,698 17,396,039 19,095,461 30,929,135 67,238,475 17,195,849 20,901,344 18,833,119 3,303,283
202,970,904 125,270,202
46,958,336 8,704,029 5,428,586
601,746,460

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

$ 475,571,480

$ 84,751,156

$ 4,283,712

$

200,000

$

930,175

$ 11,769,507

$ 13,482,541

$ 72,453,399

$ 57,134,985

$ 19,768,029

$ 57,333,348

$ 648,976,021

$

0

$ 7,588,495

$ 123,303,498

$ 8,229,365

1464

JOURNAL OF THE HOUSE

Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits
Total Funds Budgeted
Indirect DOAS Services Funding 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

$ 417,998,130

$ 145,952,996

$ 162,278,474

$ 2,154,612

$ 9,483,000

$ 4,652,971

$ 32,561,718

$ 370,910,587

$ 11,621,222

$ 2,743,389,421

$

0

$ 68,649,314

$ 1,354,436,047

$ 28,569,259

$ 34,131,677

$ 12,636,189

$ 1,214,450

$

593,806

$

20,000

$

62,597

$

391,336

$

825,323

$

442,215

$

72,700

$

710,490

$

250,600

$ 11,299,553

$

0

$

0

$

50,000

$

0

$

0

$ 34,131,677

$ 62,700,936

$ 34,131,677

$ 28,569,259

THURSDAY, MARCH 7, 2002

1465

Departmental Functional Budgets
Administration Economic Development Trade Tourism Total

Total Funds State Funds $ 47,786,390 $ 47,786,390 $ 7,547,223 $ 7,547,223 $ 2,242,254 $ 2,242,254 $ 5,125,069 $ 5,125,069 $ 62,700,936 $ 62,700,936

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

$ 15,909,654

$ 15,088,326

$

734,563

$

463,030

$

118,784

$

30,400

$

222,968

$

560,884

$

383,143

$

92,042

$

0

$

0

$ 17,694,140

$ 15,909,654

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total

Total Funds State Funds

$ 5,427,722 $ 5,427,722

$ 5,720,604 $ 5,720,604

$

534,978 $

534,978

$ 5,376,769 $ 3,592,283

$

634,067 $

634,067

$ 17,694,140 $ 15,909,654

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 272,556,434

$ 164,510,241

$ 15,329,997

$ 2,156,019

$

310,273

$ 1,157,397

$ 3,061,748

1466

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

$ 3,092,280

$ 2,146,718

$ 4,321,657

$ 6,496,878

$ 3,239,018

$

400,000

$

0

$ 82,456,741

$

0

$

0

$

0

$

250,000

$ 1,687,100

$ 290,616,067

$ 272,556,434

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 State Funds

$ 72,239,665 $ 70,735,705

$ 75,374,956 $ 73,433,101

$ 35,997,214 $ 34,905,317

$ 32,275,370 $ 27,770,563

$

618,640 $

618,640

$ 1,289,618 $ 1,289,618

$ 41,133,785 $ 34,137,269

$ 2,539,667 $ 2,539,667

$

816,994 $

816,994

$ 4,468,257 $ 4,378,257

$ 18,203,070 $ 18,182,472

$ 3,115,340 $ 3,115,340

$ 2,543,491 $

633,491

$ 290,616,067 $ 272,556,434

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of
Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 15,542,190

$ 89,707,533

$ 6,980,358

$ 1,459,923

$

0

$

513,655

$ 2,654,085

THURSDAY, MARCH 7, 2002

1467

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

$ 2,701,323

$ 2,030,660

$ 54,500,000

$ 2,863,761

$ 1,246,764

$

0

$ 1,287,478

$

0

$ 165,945,540

$ 15,542,190

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

$ 29,383,492

$ 92,080,914

$ 13,963,645

$ 2,014,024

$

39,095

$ 1,024,559

$ 5,790,455

$ 7,230,026

$ 4,427,791

$ 2,573,235

$ 3,138,419

$ 41,304,191

$ 1,025,803

$ 12,715,704

$

255,000

$

0

$

0

$ 187,582,861

$

100,000

$ 29,383,492

Departmental Functional Budgets
Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication

Total Funds State Funds

$ 74,872,472 $ 14,491,914

$

973,949 $

458,969

$

451,217 $

451,217

$ 10,852,025 $ 3,231,535

$ 3,137,574 $ 1,659,928

$ 1,381,384 $ 1,381,384

$ 54,867,080 $

0

1468

JOURNAL OF THE HOUSE

Georgia Industries for the Blind Roosevelt Warm Springs Institute Total

$ 11,816,309 $ $ 29,230,851 $ $ 187,582,861 $

716,934 6,991,611 29,383,492

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

$ 15,368,631

$ 14,997,230

$

738,537

$

194,339

$

0

$

20,000

$

288,202

$

837,469

$

196,787

$ 19,440,000

$

0

$

153,075

$ 36,865,639

$ 15,368,631

Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted

$

0

$ 8,448,284

$ 1,144,568

$

107,263

$

0

$

651,119

$

334,350

$

905,240

$ 1,748,119

$

184,400

$

511,290

$ 14,034,633

$

0

$ 1,438,553

$ 11,379,349

$

705,441

$

0

THURSDAY, MARCH 7, 2002

1469

Section 23. Department of Motor Vehicle Safety. 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 Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 92,818,332

$ 56,506,052

$ 8,676,537

$

459,062

$

302,206

$ 1,571,185

$ 16,450,362

$ 2,262,728

$ 3,164,731

$

751,198

$ 2,488,031

$

0

$ 8,082,088

$

34,900

$

348,651

$ 3,024,928

$

750,000

$

902,668

$ 105,775,327

$ 1,960,000

$ 92,818,332

Departmental Functional Budgets
Administration Operations Enforcement Total

Total Funds State Funds $ 37,732,271 $ 32,445,686 $ 51,783,691 $ 51,783,691 $ 16,259,365 $ 8,588,955 $ 105,775,327 $ 92,818,332

Section 24. 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

$ 157,416,705

$ 88,352,138

$ 14,901,302

$

812,833

$ 1,600,398

$ 1,838,995

$ 3,211,208

$ 1,393,005

$ 12,360,041

1470

JOURNAL OF THE HOUSE

Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Land Acquisition Support
Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water
Resources
U.S. Geological Survey for Topographic Mapping Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Wildlife Endowment Fund Payments to Georgia Agricultural Exposition
Authority
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

$ 1,064,418

$ 1,402,700

$

0

$

675,000

$ 1,333,056

$ 1,265,176

$ 2,961,663

$

243,750

$

982,330

$

350,000

$ 1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

500,000

$

0

$

0

$

0

$

0

$

170,047

$

305,264

$

300,000

$

0

$

64,350

$ 12,722,077

$ 7,171,423

$

596,550

$ 1,997,227

$

100,000

$

31,000

$

24,000

$

938,720

$ 30,000,000

$ 192,342,921

$

840,190

THURSDAY, MARCH 7, 2002

1471

Receipts from Stone Mountain Memorial Association
Receipts from Lake Lanier Islands Development Authority
Receipts from North Georgia Mountain Authority Indirect DOAS Funding State Funds Budgeted

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 157,416,705

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 State Funds

$ 35,783,292 $ 35,768,292

$ 7,539,827 $ 7,539,827

$ 3,145,983 $ 2,655,983

$ 40,971,274 $ 22,634,834

$ 2,529,193 $ 2,358,331

$ 39,464,474 $ 33,761,998

$ 62,353,610 $ 52,142,172

$

555,268 $

555,268

$ 192,342,921 $ 157,416,705

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

$

0

$ 3,319,508

$ 2,302,817

$

10,000

$

0

$

71,000

$

15,000

$

0

$

80,000

$

121,000

$

784,000

$

0

$ 6,703,325

$

0

C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

0

$ 1,216,035

$

201,000

$

7,000

$

0

1472

JOURNAL OF THE HOUSE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale
Total Funds Budgeted
State Funds Budgeted
Section 25. 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 26. Department of Public Safety. A. Budget Unit: State Funds - Department of
Public Safety Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

$

32,000

$

9,500

$

0

$

8,000

$

500

$

70,685

$

125,000

$

120,000

$ 1,789,720

$

0

$ 50,702,256

$ 40,726,176

$ 1,235,544

$

531,800

$

247,086

$

301,500

$

591,200

$ 3,027,867

$ 1,065,600

$

523,304

$ 1,639,679

$

792,500

$

20,000

$ 50,702,256

$ 50,702,256

`

$ 84,793,627

$ 70,777,025

$ 8,557,812

$

162,963

$ 3,509,750

$ 1,011,758

$

488,676

$

41,509

$ 1,927,189

$

531,870

$

336,800

THURSDAY, MARCH 7, 2002

1473

State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$

145,100

$ 2,004,976

$

5,000

$ 89,500,428

$

990,000

$ 84,793,627

Departmental Functional Budgets
Administration Field Operations Total

Total Funds State Funds $ 18,537,872 $ 16,670,071 $ 70,962,556 $ 68,123,556 $ 89,500,428 $ 84,793,627

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted
State Funds Budgeted

$ 15,714,230

$ 10,780,781

$ 3,325,550

$

166,566

$

88,487

$

151,928

$

289,286

$

305,620

$

329,366

$

345,201

$

547,092

$ 2,525,200

$ 2,942,857

$

150,000

$ 21,947,934

$ 15,714,230

Departmental Functional Budgets

Total Funds State Funds

Office of Highway Safety

$ 4,459,218 $

653,220

Georgia Peace Officers Standards and Training

$ 1,586,230 $ 1,586,230

Police Academy

$ 1,463,183 $ 1,127,690

Fire Academy

$ 1,449,527 $ 1,316,670

Georgia Firefighters Standards and Training Council $

498,949 $

498,949

Georgia Public Safety Training Facility

$ 12,490,827 $ 10,531,471

Total

$ 21,947,934 $ 15,714,230

1474

JOURNAL OF THE HOUSE

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 12,238,226

$

625,000

$ 11,613,226

$ 12,238,226

$ 12,238,226

Section 28. 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

$ 8,529,128

$ 6,176,963

$

297,711

$

124,876

$

33,000

$

20,300

$

252,586

$

409,782

$

109,660

$ 1,077,561

$

300,000

$ 8,802,439

$ 8,529,128

Departmental Functional Budgets
Administration Utilities Total

Total Funds State Funds $ 3,239,452 $ 3,239,452 $ 5,562,987 $ 5,289,676 $ 8,802,439 $ 8,529,128

Section 29. 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 Special Funding Initiative Office of Minority Business Enterprise

$ 1,514,156,867 $ 16,116,857
$ 1,687,158,438 $ 388,632,432
$ 440,258,393 $ 827,773,561 $ 34,263,847 $ 1,695,112

THURSDAY, MARCH 7, 2002
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
Tobacco Funds 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 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 Tobacco Funds Budgeted

1475

$

368,247

$

955,637

$ 48,434,801

$ 188,870,159

$ 3,618,410,627

$ 127,332,403

$ 1,216,405,993

$ 741,359,007

$ 3,039,500

$ 16,116,857

$ 1,514,156,867

$ 224,626,754 $ 3,125,000

$ 132,693,782 $ 65,692,480

$ 92,863,655 $ 31,293,568 $ 3,169,294

$ 22,670,123

$ 3,000,000

$

30,000

$ 7,174,805

$

928,525

$

585,000

$ 1,434,350

$ 19,990,163

$ 35,204,485

$

0

$ 416,730,230

$ 8,543,070

$ 108,954,866

$ 70,937,040

$

543,500

$ 3,125,000

1476

JOURNAL OF THE HOUSE

State Funds Budgeted

$ 224,626,754

Regents Central Office and Other Organized Activities
Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/
Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center Total

Total Funds State Funds $ 2,777,663 $ 1,692,863 $ 5,182,409 $ 1,838,989 $ 1,881,638 $ 1,114,005 $ 113,158,913 $ 9,680,851

$ 25,670,123 $ 12,396,755

$ 74,523,471 $ 46,382,752

$ 61,832,788 $ 38,738,651

$

193,500 $

0

$ 4,041,929 $ 4,041,929

$ 6,555,309 $

548,309

$ 3,625,810 $

0

$ 3,482,359 $

128,389

$ 68,721,800 $ 68,614,951

$ 38,077,671 $ 35,568,463

$ 7,004,847 $ 7,004,847

$ 416,730,230 $ 227,751,754

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,613,775

$ 16,775,716

$ 4,040,278

$ 2,784,685

$ 38,214,454

$ 38,214,454

$

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

$ 31,689,500

$ 18,642,410

$ 2,300,000

$ 1,500,000

$ 12,889,500

$

0

$

0

$

0

THURSDAY, MARCH 7, 2002

1477

Educational Technology Center Total Funds Budgeted
Lottery Funds Budgeted

$

0

$ 35,331,910

$ 31,689,500

Section 30. 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 Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 349,977,431

$ 57,836,945

$ 7,285,895

$ 1,098,861

$

59,166

$

912,495

$ 15,453,899

$ 6,927,679

$ 2,820,843

$

650,265

$ 1,067,468

$ 4,272,795

$

0

$ 2,769,575

$ 3,900,000

$ 249,000,000

$ 354,055,886

$ 2,545,000

$ 349,977,431

Departmental Functional Budgets
Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

Total Funds State Funds

$ 29,583,474 $ 29,583,474

$ 8,155,867 $ 8,155,867

$ 15,899,368 $ 14,644,368

$ 24,561,509 $ 24,471,509

$ 7,755,833 $ 7,755,833

$ 253,407,920 $ 251,874,465

$ 5,749,534 $ 5,749,534

$

5,000 $

5,000

$ 6,078,805 $ 4,878,805

$ 2,858,576 $ 2,858,576

$ 354,055,886 $ 349,977,431

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services

$ 34,600,734 $ 18,855,334

1478

JOURNAL OF THE HOUSE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 4,444,752

$

218,092

$

101,087

$

49,725

$ 5,434,398

$ 3,744,758

$

867,974

$

494,719

$

673,005

$

511,890

$

250,000

$ 35,645,734

$ 34,600,734

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 State Funds

$ 4,781,560 $ 4,751,560

$ 5,538,497 $ 5,463,497

$

369,745 $

369,745

$ 2,258,065 $ 1,538,065

$ 2,119,896 $ 2,069,896

$ 8,646,969 $ 8,626,969

$ 1,432,126 $ 1,432,126

$

525,447 $

525,447

$ 9,667,550 $ 9,517,550

$

305,879 $

305,879

$ 35,645,734 $ 34,600,734

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,288,774

$ 1,432,429

$

145,000

$

37,000

$

17,000

$

10,000

$

262,345

$

171,000

$

86,000

$

0

$

128,000

$ 2,288,774

$ 2,288,774

THURSDAY, MARCH 7, 2002

1479

Departmental Functional Budgets Real Estate Commission

Cost of State Funds Operations $ 2,288,774 $ 2,328,774

Section 32. 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

$ 3,479,683

$ 1,684,366

$

275,089

$

41,004

$

33,400

$

18,473

$

15,953

$

127,250

$

35,115

$

139,838

$ 1,663,600

$

86,000

$ 4,120,088

$ 3,479,683

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants

$ 42,662,425

$

543,999

$

23,315

$

19,000

$

0

$

6,300

$

20,233

$

51,115

$

12,091

$

7,000

$

38,706

$

0

$ 4,381,604

$ 33,040,275

$

0

$

70,300

$

461,158

1480

JOURNAL OF THE HOUSE

North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students LEAP Program Governor's Scholarship Program
Total Funds Budgeted
State Funds Budgeted

$

16,206

$

30,000

$

521,220

$

0

$

0

$ 1,013,712

$ 3,844,889

$ 44,101,123

$ 42,662,425

Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education Commission Total

Total Funds State Funds $ 43,379,364 $ 41,940,666

$

721,759 $

721,759

$ 44,101,123 $ 42,662,425

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships
Total Funds Budgeted
Lottery Funds Budgeted

$ 361,403,930

$ 212,069,353

$ 45,446,466

$ 52,759,417

$

0

$ 40,482,442

$

663,960

$

238,968

$ 4,004,658

$ 4,046,000

$

932,666

$

760,000

$ 361,403,930

$ 361,403,930

Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 3,090,000

$ 9,593,781

$

489,044

$

26,500

$

0

$

35,000

$ 1,399,000

$

663,270

$

330,000

THURSDAY, MARCH 7, 2002

1481

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

$

697,200

$ 1,497,000

$

0

$ 2,950,000

$

140,000

$

0

$ 17,820,795

$ 3,090,000

Section 35. Department of Technical and Adult Education. A. Budget Unit: State Funds - Department of
Technical and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

$ 266,920,279

$ 6,272,685

$

395,468

$

127,800

$

0

$

54,854

$

550,846

$

162,389

$

205,243

$

771,328

$

115,980

$ 4,516,543

$ 225,095,938

$ 60,180,751

$ 6,492,032

$ 19,997,058

$ 3,729,712

$ 13,998,769

$ 342,667,396

$ 266,920,279

Departmental Functional Budgets
Administration Institutional Programs Total

Total Funds State Funds $ 8,656,593 $ 6,596,805 $ 334,010,803 $ 260,323,474 $ 342,667,396 $ 266,920,279

B. Budget Unit: Lottery for Education Computer Laboratories and Satellite Dishes-Adult
Literacy

$

0

$

0

1482

JOURNAL OF THE HOUSE

Capital Outlay Capital Outlay - Technical Institute Satellite Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

Section 36. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Contracts with the Georgia Rail Passenger Authority Guaranteed Revenue Debt Common Reserve Fund
Total Funds Budgeted
State Funds Budgeted

$ 714,867,514 $ 262,620,536 $ 66,530,306 $ 2,194,326 $ 1,940,000 $ 8,151,968 $ 12,623,346 $ 1,765,434 $ 5,626,751 $ 149,508,336 $ 33,352,301 $ 1,465,620,479 $ 3,798,827 $ 13,530,481
$ 4,389,151 $ 3,561,007 $ 31,000,000 $ 2,066,213,249
$ 714,867,514

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,742,320,904 $ $ 223,538,598 $ $ 19,982,597 $ $ 27,196,948 $ $ 2,013,039,047 $

State Funds 441,280,150 215,100,150
18,500,694 25,193,198 700,074,192

General Funds Budget Planning and Construction Maintenance and Betterments Administration

$

878,656 $

878,656

$

0$

0

$

12,416 $

12,416

THURSDAY, MARCH 7, 2002

1483

Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total

$ 3,886,375 $ 3,241,705 $ 44,007,604 $ 8,496,394 $ 4,389,151 $ 2,164,151 $ 53,174,202 $ 14,793,322

Section 37. 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

$ 22,640,268

$ 6,010,419

$

326,292

$

131,202

$

0

$

182,457

$

30,080

$

224,911

$

87,160

$

24,500

$ 17,786,000

$ 8,073,344

$

0

$

0

$

341,000

$ 33,217,365

$ 22,640,268

Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 25,144,021 $ 17,425,608 $ 8,073,344 $ 5,214,660 $ 33,217,365 $ 22,640,268

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 12,064,526

$ 9,870,056

$

437,115

$

140,600

$

0

$

9,288

$

271,001

$ 1,299,338

$

187,828

1484

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts

Total Funds Budgeted State Funds Budgeted

$

109,300

$

0

$ 12,324,526

$ 12,064,526

Section 39. 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)

$ 557,622,159 $ 26,000,000 $ 583,622,159

$ 77,823,990

$

0

$ 77,823,990

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation

THURSDAY, MARCH 7, 2002

1485

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 41. 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 self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 42. Provisions Relative to Section 7, Department of Community Affairs.
Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:
If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.
If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

1486

JOURNAL OF THE HOUSE

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

Amount $ 25,000

Mitchell County Establish Smart Moves Program for the Mitchell County Boys and Girls Club

$ 12,000

Chatham County Construction of a kitchen for the Meals on Wheels Program in Chatham County

$ 20,000

City of Camilla Renovation of old gymnasium in the City of Camilla $ 30,000

City of Baconton Purchase playground equipment and park benches for the City of Baconton

$

10,000

City of Funston Purchase recreational equipment for park in City of Funston

$ 10,000

Mitchell County Purchase equipment for seven volunteer fire departments in Mitchell County

$ 21,000

City of Pelham Board of Education

Purchase equipment needed for staff and curriculum development for schools in the City of Pelham

$ 15,000

City of Doerun

Renovations to local police department for the City of Doerun

$

10,000

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

THURSDAY, MARCH 7, 2002

1487

City of Atlanta

Contract with Southeast Atlanta YMCA to renovate after school remedial and tutorial programs in the City $ of Atlanta

20,000

Wilcox County Construct a veterans' memorial in Wilcox County

$ 10,000

Irwin County Board of Education

Enhance the Irwin County 4-H and FFA programs

$ 10,000

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 Board of Education

Repair awnings and sidewalks to mobile units at elementary schools in Coffee County

$ 7,000

City of Willacoochee

Repair lighting and fences, construct softball field and 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 Circle

Restoration of the interior of Gunter-Hall in the City of 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

Education

School and Pearson Elementary School

$ 7,000

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

1488

JOURNAL OF THE HOUSE

Clayton County Construct a directors tower and install a fence on

Board of

practice field at Lovejoy High School in Clayton

Education

County

$ 10,000

Atkinson County Purchase a new fire truck for Atkinson County Fire Protection

$ 5,000

Houston County Purchase furnishings for new Houston County Health Department Building

$

50,000

Clayton County Contract for services with Rainbow House, Inc. to create an advocacy center for abused children in Clayton County

$ 25,000

Baldwin County Technology upgrade for Baldwin County

$ 20,000

Floyd County Board of Education

Transportation and materials for remedial after school program at Armuchee Middle School in Floyd County $

15,000

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

Education

$ 5,000

Laurens County Purchase band uniforms and equipment for East

Board of

Laurens County High School

Education

$ 5,000

City of Shellman Honor veterans of all wars through flag displays at graves and monuments in Randolph County

$ 2,000

DeKalb County Contract with Project New Directions, Inc. to provide child abuse awareness program in DeKalb County

$

2,000

DeKalb County Contract for services with Scottdale L.I.F.E. Program

(Leading Individuals To Fitness and Exercise) to

$

provide awareness campaign in DeKalb County

5,000

THURSDAY, MARCH 7, 2002

1489

DeKalb County Contract for services with Scottdale Child Development

and Family Resource Center, Inc. to provide early

$

childhood development program in DeKalb County

3,000

Houston County Purchase of new furniture for Houston County Library Library Trustees

$

50,000

Tift County

Facility for Junior livestock programs in Tift County $ 15,000

Houston County Operation of Collaborative Learning Network in

Board of

Houston County

Education

$ 50,000

City of Perry

Land acquisition and improvements to property for Perry Downtown Development Authority

$ 150,000

Georgia Mountains Regional Development Authority

Purchase equipment and program enhancements for the Happy Horse Farm in the City of Lula
$

10,000

Gainesville City Purchase lights and equipment for Gainesville High

Board of

School

Education

$ 40,000

Effingham

Replace cover on gym floor at South Effingham Middle

County Board of School

$

Education

10,000

City of Guyton Purchase Public Works Utility Truck for City of Guyton $ 10,000

Gwinnett County Lighting and other softball field improvements at

Board of

Central Gwinnett High School

Education

$ 25,000

Augusta/ Richmond County

Contract with Augusta Players to provide Artreach Theater Program in Richmond County

$ 25,000

1490

JOURNAL OF THE HOUSE

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Southwest DeKalb High School and $ 5,000

Education

complimenting programs for PTA

City of Milledgeville

Construction of portrait gallery in Georgia's Antebellum Capitol Museum in the City of Milledgeville

$

20,000

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Columbia High School and

$

Education

complimenting programs for PTA in DeKalb County

5,000

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Towers High School and

$

Education

complimenting programs for PTA in DeKalb County

5,000

City of Macon

Implement an After-School Tennis and Tutorial Program at Middle Georgia Tennis Academy Inc in the $ City of Macon

20,000

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 $ the City of Savannah

4,000

Americus/

Construct two football/soccer fields at current

Sumter Parks recreational complex in Sumter County

and Recreational

Authority

$ 61,000

DeKalb County Programs complimenting PTA programs at Atherton,

Board of

Canby Lane and Glen Haven Elementary Schools in $

Education

DeKalb County

3,000

DeKalb County Programs complimenting PTA programs at Peachcrest,

Board of

Rainbow, Rowland Elementary Schools in DeKalb

$

Education

County

4,000

DeKalb County Programs complimenting PTA programs at Snapfinger

Board of

Elementary and Woodridge Elementary Schools in $

Education

DeKalb County

2,000

THURSDAY, MARCH 7, 2002

1491

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 for four DeKalb County communities

$

5,000

Chatham County Purchase chemical/biological protective equipment and

self contained breathing apparatus for the Chatham

$

County Police Department

35,000

City of Screven Construct, furnish and equip fire station in the City of Screven

$

20,000

City of Marietta Construction of an indoor batting facility at Marietta

Board of

High School

Education

$ 50,000

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 $ program

10,000

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 Library

$ 25,000

Trustees

1492

JOURNAL OF THE HOUSE

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

$

Education

17,500

Columbia

Purchase technology improvements for the South

County Board of Columbia Elementary School in Columbia County

Education

$ 5,000

Columbia

Purchase equipment and supplies for special education

County Board of students in Columbia County

$

Education

2,500

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 City of

$

Atlanta

40,000

City of East Point

Contract with East Point Athletic League to provide programs and equipment for at-risk youth

$ 25,000

City of Cave Springs

Maintenance for Water Treatment Plant in the City of Cave Springs

$

30,000

City of Rome Board of Education

Computer Lab for Model High School in the City of Rome

$ 30,000

Bartow County Lights for Adairsville High Baseball field Board of Education

$ 20,000

Cobb County Board of Education

Purchase computers, sound, cable and other equipment and operation cost at the Nickajack Elementary school $ in Cobb County

12,000

THURSDAY, MARCH 7, 2002

1493

City of Homeland

Preservation and restoration of historic structures owned by City of Homeland

$ 25,000

Cobb County Board of Education

Purchase 18 classroom framed markers boards (4 x 16)

at the Teasley Elementary School in Cobb County

$ 12,000

Cobb County Board of Education

Purchase two-way radio communication equipment (30 units) at the Sedalia Elementary School in Cobb County $

5,000

Cobb County Board of Education

Construct a covered walkway and other purposes at the

Sedalia Elementary School in Cobb County

$ 15,000

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 Trustees

$ 10,000

Colquitt County Purchase overhead fans in canning area of Colquitt

Board of

County High School

Education

$ 1,000

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

$

Education

4,000

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

1494

JOURNAL OF THE HOUSE

Clayton County Purchase and install fence at the playground and ballfield area at Hawthorne Elementary in Clayton County

$ 10,000

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 Trustees Lakeland

$ 10,000

City of Crawfordville

Purchase fire equipment and replace roof of fire station in the City of Crawfordville

$

5,000

Warren County Purchase EMS and fire equipment for Warren County $ 12,000

THURSDAY, MARCH 7, 2002

1495

Clayton County Purchase equipment for the physical education department of Mundy's Mill Middle School in Clayton $ County

7,000

City of Dublin Board of Education

Renovations and improvements for Shamrock Stadium

in the City of Dublin

$

75,000

Augusta/ Richmond County

Contract for services with Good Hope Social Services

for summer and after-school tutorial programs in

$

Richmond County

21,000

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

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 Columbus

Contract with Urban League of Greater Columbus for

the Youth Challenge 2001 Project in the City of

$ 25,000

Columbus

1496

JOURNAL OF THE HOUSE

Taliaferro County

Purchase of computer/software and equipment for Taliaferro County Sheriff's Department

$ 5,000

City of Social Circle

Construct and implement an open-air farmer's market and upgrade facade of surrounding buildings in Social $ Circle

50,000

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

$

Education

County

6,000

Augusta/ Richmond County

Contract with Shiloh Comprehensive Community Center to provide after school programs in Richmond $ County

5,000

Augusta/ Richmond County

Contract with Bell Terrace Community Center and May

Park Community Center to provide summer youth

$

programs in Richmond County

5,000

Cobb County

Construction of concrete sidewalks and playscapes and sodding around the playscapes at Blackwell Elementary $ in Cobb County

15,000

Gwinnett County Purchase instructional materials for Chattahoochee,

Board of

Berkeley Lake and BB Harris Elementary Schools in $ 25,000

Education

Gwinnett County

Augusta/ Richmond County

Contract for services with CSRA Transitional Center, Inc. in Augusta to provide counseling and alternative $ programs to combat juvenile delinquency

5,000

Augusta/ Richmond County

Contract for services with Beulah Grove Community

Resources Center, Inc. to provide health care and

$ 15,000

counseling services in Richmond County

Augusta/ Richmond County

Contract for services with Neighborhood Improvement Project, Inc. to provide health care and counseling in $ Richmond County

10,000

THURSDAY, MARCH 7, 2002

1497

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

Education

$ 15,000

City of Graham Purchase fire truck for the City of Graham

$ 20,000

Telfair County Board of Education

Construct running track at football field in Telfair County

$ 5,000

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 Library Trustees

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 Valdosta

10,000

City of Valdosta Service learning project for Valdosta School System

Board of

$

Education

3,000

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

1498

JOURNAL OF THE HOUSE

Clayton County Purchase software for the Media Center at Kemp

Board of

Elementary School in Clayton County

Education

$ 5,000

Columbus/ Muscogee County

Contract with Combined Communities of S.E. Columbus for tutorial program for at-risk youth in Muscogee County

$ 25,000

Columbus/ Muscogee County

Contract for services with the Columbus for Kids, Inc.

to provide services to at risk children in Muscogee

$

County

50,000

Columbus/ Muscogee County

Purchase defibrillators for public safety vehicles, schools and CPR training in Middle and high schools in $ Muscogee County

50,000

Columbus/ Muscogee County

Contract for services with the Springer Opera House for

renovation project in Muscogee County

$ 125,000

Columbus/ Muscogee County

Contract for services with Metropolitan Columbus Task Force to provide services to the homeless in Muscogee $ County

25,000

Gwinnett County Renovation of gym floor at Mason Elementary in

Board of

Gwinnett County

Education

$ 20,000

Douglas County Technology support equipment and needs assessment for Douglas CORE

$

10,000

City of Berkeley Greenspace acquisition for City of Berkeley Lake Lake

$ 10,000

Columbus/ Muscogee County

Contract for services with Chattahoochee Valley Vet. Council for building restoration in Muscogee County $ 21,000

Jeff Davis County

Purchase defibrillators for Jeff Davis County Fire Departments

$ 10,000

THURSDAY, MARCH 7, 2002

1499

Telfair County

Purchase fire truck for the Horsecreek Fire Department in Telfair County

$

10,000

DeKalb County

Renovation, repair and modernization of facility for the Redan Park Athletic Association in DeKalb County

$

25,000

Crawford County Purchase jaws of life for the volunteer fire department in Crawford County

$

10,000

Clinch County Board of Education

Addition to athletic complex in Clinch County

$ 10,000

City of Nashville

Design, construct and equip age appropriate playground facility in the City of Nashville

$

20,000

City of Byron Repairs to City of Byron Community Center

$ 10,000

Clay County Board of Education

Air conditioning the gymnasium at Clay County Elementary School

$ 15,000

Clarke County Board of Education

Construction of athletic field restroom facilities at Cedar Shoals

$ 35,000

City of Plains

Repairs to City Hall roof and walls to stop leaks in the City of Plains

$

30,000

City of

Renovation of Crawfordville City Hall/ Welcome

Crawfordville Center

$ 10,000

City of Valdosta Contract with the Valdosta Boys and Girls Club to provide an after school learning lab

$ 15,000

City of Albany Transportation for the Slater King Adult Rehab Day Center in the City of Albany

$ 30,000

South Georgia Purchase library truck for South Georgia Regional Regional Library Library in the City of Valdosta Trustees

$ 15,000

1500

JOURNAL OF THE HOUSE

Augusta/ Richmond County

Contract for services with the Augusta Youth Center for

youth inner city youth program

$ 10,000

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 Initiative to provide personnel, books and materials for $ elementary schools in South DeKalb

25,000

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

$

Education

5,000

Clayton County Park development in East Clayton County

$ 16,000

Chattahoochee Purchase classroom furniture, equipment and carpet for

County Board of Chattahoochee County Education Center

$

Education

33,000

DeKalb County Purchase equipment for McNair Middle School in

Board of

DeKalb County

Education

$ 10,000

City of Powder Springs

Develop public park space along the Silver Comet Trail 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

$

Education

2,000

THURSDAY, MARCH 7, 2002

1501

Columbia

Security fence around campus of Blue Ridge

County Board of Elementary in Columbia County

Education

$ 5,000

Columbia

Outdoor classroom for Greenbriar Elementary School in

County Board of Columbia County

$

Education

5,000

Columbia

Purchase wireless technology upgrade at Martinez

County Board of Elementary in Columbia County

Education

$ 5,000

Columbia

Purchase wireless technology upgrade at Stevens Creek

County Board of Elementary in Columbia County

$

Education

5,000

Columbia

Outdoor classroom for Westmont Elementary School in

County Board of Columbia County

$

Education

2,000

Columbia

Outdoor Classroom for Lakeside Middle School in

County Board of Columbia County

Education

$ 10,000

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 Library Trustees

Purchase of storm windows for Wayne County Library

$

5,000

Bryan County Board of Education

Purchase playground equipment for Lanier Elementary

in Bryan County

$

10,000

1502

JOURNAL OF THE HOUSE

Douglas County Science Lab technology equipment for Alexander High

Board of

School in Douglas County

$

Education

20,000

Tattnall County Repair roof on the Glenville Middle School gymnasium

Board of

in Tattnall County

$

Education

5,000

Tattnall County Purchase band uniforms and instruments for Tattnall

Board of

County schools

$

Education

5,000

Tattnall County

Purchase emergency equipment Management Agency

for

Tattnall

Emergency

$

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

$

Education

10,000

Clayton County Purchase supplemental teaching materials for Morrow

Board of

High School in Clayton County

$

Education

15,000

Clayton County Purchase of safety cameras for Jonesboro High School

Board of

in Clayton County

$

Education

10,000

Clayton County Purchase of teaching supplies for Morrow Middle

Board of

School in Clayton County

Education

$ 15,000

Clayton County Purchase of supplies for health clinic at Adamson

Board of

Middle School in Clayton County

Education

$ 5,000

THURSDAY, MARCH 7, 2002

1503

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

Education

$ 10,000

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

Education

$ 15,000

City of Milledgeville

Operation of the Convention and Visitors Bureau in the City of Milledgeville

$

15,000

Clarke County Renovation of the Athens Regional Attention Home youth emergency shelter in Clarke County

$ 25,000

City of Andersonville

Printing and mailing Andersonville Trail Association 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 $

Commissioners

78,000

Ware County Board of Education

Improvements to the Ware County High School Stadium

$ 35,000

City of Columbus

Contract for services with Play and Learn Together Program in City of Columbus

$ 15,000

1504

JOURNAL OF THE HOUSE

Effingham

Equipment for Effingham County High School Athletic

County Board of Department

$

Education

10,000

Franklin County Purchase computer equipment for Life Connections

Board of

Program at Franklin City High School

Education

$ 10,000

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

Board of

Franklin County

Education

$ 20,000

City of Franklin Purchase fire truck for City of Franklin Springs Springs

$ 25,000

Columbus/ Muscogee County

Contract for services with Boys and Girls Club of Columbus to provide computer services program in Muscogee County

$ 120,000

City of Rome

Renovate elevator system for the Rome History Museum

$ 20,000

City of Rome

Restore Chieftain's Museum to its original state for the City of Rome

$

20,000

City of Rome

Funds for Rome Exchange Club Child Abuse Prevention Program

$ 20,000

Clayton County Purchase of reading materials for Mount Zion

Board of

Elementary School in Clayton County

Education

$ 5,000

Cobb County Board of Education

Construction of dugouts, scorer's booth/press box, and

fencing at the girls' fast pitch softball facilities at

$

Lassiter High School in Cobb County

15,000

THURSDAY, MARCH 7, 2002

1505

Cobb County Board of Education

Construct football field, repair sprinkler system and construct/renovate storage building for Sprayberry High $ School in Cobb County

25,000

Cobb County Board of Education

Construction of a storm sewer drainage system at the football concession stand facilities for Sprayberry High $ School in Cobb County

10,000

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

County Board of High School in Columbia County

Education

$ 35,000

Bulloch County Pave bus driver training obstacle course in Bullock

Board of

County

Education

$ 15,000

DeKalb County Purchase supplies, materials and contract for services with South DeKalb Improvement Initiative for senior $ 10,000 citizens recreational therapy in Dekalb County

City of Jefferson Renovation of Jefferson High School health occupation

Board of

labs for the City of Jefferson

$

Education

10,000

Burke County Burke County Library planning phase of new library Library Trustees

$ 10,000

Burke County

Renovation of Sardis, Girard and Alexander Gym and purchase of surveillance camera for the City of Sardis $ police department

22,000

1506

JOURNAL OF THE HOUSE

Augusta/ Richmond County

Purchase computers for Augusta/Richmond County Weed and Seed literacy program

$ 10,000

Randolph

Replace carpeting and repair damage to walls of

County Board of Randolph/Clay High School

Education

$ 20,000

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 of Manchester High School in Meriwether County

$ 30,000

Education

Augusta/ Richmond County

Contract for services with New Savannah Road Social

Services for Multiple Purpose Community Center to accommodate expansion of services in Richmond

$

County

50,000

Augusta/ Richmond County

Contract for services with New Hope Community Center in the City of Augusta

$ 10,000

Muscogee

JROTC equipment enhancements for Kendrick High

County Board of School in Muscogee County

Education

$ 10,000

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 of Department in Effingham County

Commissioners

$ 10,000

THURSDAY, MARCH 7, 2002

1507

Bryan County Board of Education

Technology lab for Bryan County Elementary School in

Bryan County

$

5,000

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

$

Education

7,000

DeKalb County Contract with The Forest at Columbia Resident Association for after school tutorial and computer program in DeKalb County

$ 2,000

City of Atlanta

Installation of handicapped equipment at public venues for South East Community Cultural Center, Inc. in the $ City of Atlanta

10,000

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 Trustees

$

30,000

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 Grady County

$ 10,000

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

1508

JOURNAL OF THE HOUSE

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 $

Commissioners and office equipment in DeKalb County

25,000

Talbot County Purchase furnishings for New Horizons CSB mental health

$ 30,000

City of Wadley Remodeling of Wadley Community Center

$ 20,000

Cobb County Board of Education

Purchase and install safety lights from main building to P.E. building at Kincaid Elementary in Cobb County $

5,000

Macon County

Purchase computer system for Macon County Sheriff's Department

$

20,000

City of Dalton

Contract for services with the Home in the City of Dalton

Northwest Georgia Girls'

$

10,000

Hall County Board of Education

Recondition the East Hall baseball field in Hall County $ 35,000

Macon County Renovation of portion of Oglethorpe Government Office Building

$ 20,000

Chattooga

Purchase a handicap door, ceiling fans and convert

County Library heating system at Chattooga County Library

Trustees

$ 10,000

City of Rome

Children Helping Children funding for at risk children in City of Rome and Floyd County

$

20,000

THURSDAY, MARCH 7, 2002

1509

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 $ DeKalb County

5,000

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 Board of Education

Construct bleachers at Osborne High in Cobb County $ 10,000

Cobb County Board of Education

Replace Security System at Osborne High in Cobb County

$ 10,000

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for Northcutt Elementary in Clayton County $

Education

5,000

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

$

Commissioners

15,000

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for Oliver Elementary School in Clayton

Education

County

$ 5,000

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for North Clayton Middle School in Clayton $

Education

County

5,000

1510

JOURNAL OF THE HOUSE

Augusta/ Richmond County

Contract for services with Augusta/Richmond Opportunities Center, Inc. to provide after school and $ enrichment programs

5,000

City of Climax

Renovation of the Community Senior Citizens Center for the City of Climax

$

10,000

Chattahoochee County

Purchase computer, printer and internet service for the Chattahoochee County Sheriff's Department

$

4,000

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

City 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

$

Commissioners

15,000

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

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

THURSDAY, MARCH 7, 2002

1511

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

$

Lincoln County

10,000

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 of Technical Education Program at Glenn Hills High

Education

School in Richmond County

$ 10,000

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

Recreation improvements 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 of Greenville High School in Meriwether County

$

Education

30,000

Greene County Purchase and install fence around Greene County airport

$ 22,000

1512

JOURNAL OF THE HOUSE

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

Education

Clayton County

$ 5,000

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 the Appalachian TMC Regional Campus Council, Inc. in $ 20,000 Fannin County

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 Trustees Oconee Regional Library in the City of Dublin

$ 5,000

Lincoln County Complete pavilion in a park in Lincoln County

$ 12,000

City of Chickamauga Board of Education

Addition to athletic field house at Gordon Lee High School for the City of Chickamauga

$ 20,000

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

THURSDAY, MARCH 7, 2002

1513

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

Education

$ 3,000

Oglethorpe

Purchase band uniforms for high school in Oglethorpe

County Board of County

$

Education

10,000

Putnam County Repair boiler system in Putnam County Hospital Hospital Authority

$ 25,000

Fulton County Board of Education

Transportation for low-income, low achieving students following an academic after-school program in Fulton $ County

5,000

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

$

Education

10,000

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

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

3,000

1514

JOURNAL OF THE HOUSE

City of Ashburn Improvements to park area and walking track at Elderly

Housing

Village in the City of Ashburn

$

Authority

15,000

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 Warwick

$ 5,000

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 Regional Medical Center Hospital Authority

Purchase furniture for Meadows Regional Medical Center student residences in the City of Vidalia

$ 5,000

DeKalb County Contract with Robert Shaw Theme School Interchange

Board of

Program in DeKalb County

$

Education

5,000

THURSDAY, MARCH 7, 2002

1515

Wilkes County Refurbish county EMS headquarters in Wilkes County $ 5,000

City of Chickamauga

Preservation project for historic downtown City of 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

City of Fort Oglethorpe

Road improvements within the City of Fort Oglethorpe $ 10,000

Clayton County Purchase computer equipment for Kendrick Middle

Board of

School in Clayton County

$ 5,000

Education

Marion County Purchase band uniforms for Tri-County High School in

Board of

Marion County

$

Education

35,000

Calhoun County Purchase air compressor and breaker for high school in

Board of

Calhoun County

$

Education

30,000

Irwin County Repair library building and expansion of services in Library Trustees Irwin County

$ 10,000

Camden County Tennis courts and satellite equipment for Camden

Board of

County High School

Education

$ 40,000

Bibb County

Operating expenses for Tubman African American Museum in Bibb County

$ 150,000

Bibb County

Operating expenses for Hay House in Macon in Bibb County

$

50,000

Emanuel County Improvements to Technology Park in Emanuel County $ 75,000

1516

JOURNAL OF THE HOUSE

Jackson County Update Self Contained Breathing Apparatus (SCBA) for the Jackson County Fire Department

$

10,000

Glynn County Obtain architectural design funds for Lighthouse Museum addition in Glynn County

$ 7,000

Clayton County Purchase band uniforms for Riverdale High School in

Board of

Clayton County

$ 20,000

Education

Fulton County Contract with Inner Strength, Inc. to provide mentoring

Board of

and tutorial programs in Fulton County

$

Commissioners

3,000

City of Metter New fencing for softball fields at the Metter Candler Recreational Park in the City of Metter

$

5,000

City of Macon

Operating expenses for Douglass Theater in the City of Macon

$

50,000

City of Macon

Operating expenses for Booker T. Washington Center in the City of Macon

$

50,000

Newton County Purchase playground improvements and construction at

Board of

Palmer Stone Elementary School in Newton County $

Education

5,000

Newton County Purchase playground improvements and construction at

Board of

Livingston Elementary School in Newton County

$

Education

5,000

Newton County Purchase improvements and construction at the

Board of

Cardinal's Roost located at Livingston Elementary

Education

School in Newton County

$ 5,000

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

THURSDAY, MARCH 7, 2002

1517

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 Purchase police car for the City of Nahunta

$ 5,000

Colquitt County Construct a Volunteer Fire Department in rural Colquitt

County and purchase turn-out gear and firefighting

$

equipment

15,000

City of Smyrna

Contract with Lil Angels Learning Center for building renovation in the City of Smyrna

$

5,000

Brantley County Purchase computers and related equipment for Hoboken

Board of

Elementary School in Brantley County

$

Education

5,000

DeKalb County Purchase computers and computer equipment for Bob

Board of

Mathis Elementary School in DeKalb County

$

Education

15,000

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 Waynesboro

City of Waynesboro Phase II Historic Beautification Project.

$ 23,000

Augusta/ Richmond County

Assist Golden Harvest Food Bank with warehouse expansion and program operation in Richmond County $ 25,000

City of Powder Springs

Construction of the Powder Springs Veterans Memorial $

15,000

1518

JOURNAL OF THE HOUSE

Randolph County

Purchase a van to transport handicapped by hospital and nursing home in Randolph County

$

25,000

Eastman/Dodge Utility construction in Eastman/Dodge County Development Authority

$ 25,000

Athens/Clarke Health education and outreach program at Athens

County

Neighborhood Health Center

$ 25,000

DeKalb County Program to compliment PTA program at Naarvie J.

Board of

Harris Elementary in DeKalb County

$ 1,000

Education

Charlton County Purchase computer carts and equipment for St George

Board of

Elementary in Charlton County

$

Education

1,000

DeKalb County Program to compliment PTA program at Rainbow

Board of

Elementary school in DeKalb County

Education

$ 1,000

Liberty County Construct sidewalks around parking area and school at

Board of

Midway School in Liberty County

$

Education

35,000

DeKalb County Program to compliment PTA program Cedar Grove

Board of

High School in DeKalb County

$ 1,000

Education

City of Atlanta

Operational expenses related to the community without walls and mainstage productions at Jomandi Theater in $ 300,000 the City of Atlanta

City of Wrightsville

Purchase of public safety equipment for the City of Wrightsville

$ 20,000

DeKalb County Program to compliment PTA program at Southwest

Board of

DeKalb High School in DeKalb County

$ 1,000

Education

THURSDAY, MARCH 7, 2002

1519

City of Omega Construct a community shelter and purchase picnic tables and other equipment in City of Omega

$ 15,000

DeKalb County Program to compliment PTA program at Bob Mathis

Board of

Elementary School in DeKalb County

$

Education

1,000

DeKalb County Program complimenting PTA program at Browns Mill

Board of

Elementary School PTA in DeKalb County

$

Education

1,000

DeKalb County Program complimenting PTA program at Cedar Grove

Board of

Elementary in DeKalb County

$

Education

1,000

DeKalb County Programs complimenting PTA program at Chapel Hill

Board of

Elementary in DeKalb County

$

Education

1,000

DeKalb County Program to compliment PTA program at Clifton Hill

Board of

Elementary in DeKalb County

$

Education

1,000

Bibb County Board of Education

Purchase band uniforms at Southwest High School in

Bibb County

$ 10,000

Fulton County Board of Education

Contract for services with the Old National Merchants Association for after school program in Fulton County $

45,000

DeKalb County Program to compliment PTA program at Cedar Grove

Board of

Middle School in DeKalb County

$

Education

1,000

DeKalb County Program to compliment PTA program at Chapel Hill

Board of

Middle School in DeKalb County

$

Education

1,000

Johnson County Renovation of rural fire department, Johnson County Library and recreation facility in Johnson County

$

17,500

1520

JOURNAL OF THE HOUSE

Fulton County Board of Education

Matching funds for federal grant to Senior Citizens Quality of Life Initiative in Fulton County

$ 15,000

Laurens County

Purchase and upgrade rescue equipment for Rock Springs Volunteer Fire Department in Laurens County

$

5,000

Laurens County Purchase polygraph machine for Laurens County

$ 5,000

Laurens County Purchase safety mats for competition cheerleading

Board of

squad for West Laurens Middle School in Laurens

Education

County

$ 5,000

City of Sylvester Playground equipment purchase, landscaping, repairs and renovations to tennis courts in Historic Jeffords $ 25,000 Park in the City of Sylvester

DeKalb County

Contract with South DeKalb YMCA to provide for after school tutorial in DeKalb County

$

5,000

Fulton County Contract for services with Atlanta Business League for

Board of

educational program in Fulton County

$

Commissioners

5,000

Washington County Commission

Purchase equipment for Washington County Hospital $ 60,000

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 Park

Purchase computer and public safety equipment for the City of Norman Park Police Department

$

5,000

THURSDAY, MARCH 7, 2002

1521

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 program

and little league

$

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 Construct new 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

1522

JOURNAL OF THE HOUSE

Heard County Board of Education

Paving driveway and parking lots of new middle school

in Heard County

$

40,000

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

$

Education

5,000

Newton County Purchase playground improvements and construction at

Board of

Porterdale Elementary School in Newton County

$

Education

5,000

City of Newnan Partial funding for construction of the Newnan Boys and Girls Club

$ 15,000

Bibb County Green Space acquisition in Bibb County

$ 70,000

City of Atlanta

Contract for services with Kids Around Metro Perimeter of Atlanta to provide summer camp and outreach programs

$ 10,000

City of Atlanta

West Hunter Tutorial and After school programs for the City of Atlanta

$

20,000

City of Covington

Purchase of educational aids for the DARE program for the City of Covington Police Department

$

5,000

Bulloch County Construct bike/walking paths for Mill Creek Park in Bullock County

$ 25,000

Peach County

Purchase equipment for volunteer fire department in Peach County

$ 10,000

Newton County Purchase playground improvements and construction at

Board of

Fairview Elementary School in Newton County

$

Education

10,000

Treutlen County Expansion and renovation of Treutlen County Courthouse

$ 15,000

THURSDAY, MARCH 7, 2002

1523

Walton County Construct Fitness trail in West Walton County Park Board of Commissioners

$ 20,000

Bibb County Board of Education

Purchase costumes and stage equipment for Show Choir

at Central High School in Bibb County

$ 10,000

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

Columbus Consolidated Government

Maintenance and operation expense for the Liberty Theater Cultural Center, Inc. in the City of Columbus $ 125,000

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 Board of Education

Offset cost of parking lot changes and resurfacing in Towns County

$ 12,000

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

1524

JOURNAL OF THE HOUSE

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 Sewer repairs 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 Cascade Job Training Initiative for the City of Atlanta

$

10,000

Fulton County Board of Education

Purchase of technology/computer for classroom use at

Medlock Bridge Elementary in Fulton County

$

15,000

Fulton County Create an Environmental Outdoor classroom At Ocee

Board of

Elementary School in Fulton County

$ 10,000

Education

Fulton County Board of Education

Purchase of computer lab on wheels for the State Bridge

Elementary School in Fulton County

$

15,000

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

THURSDAY, MARCH 7, 2002

1525

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 Consolidated Government

Business incubator and job training for at-risk teenagers

and young adults in the City of Columbus

$ 60,000

Fulton County Board of Education

Purchase and install surface for Milton High School track in Fulton County

$ 20,000

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 $ cemetery

15,000

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

Education

$ 12,000

Columbus Consolidated Government

Contract for services with Project Rebound for community based intervention program for students at- $ risk in the City of Columbus

50,000

DeKalb County

Emergency funding for Reach School and Elaine Clarke Schools for special need students in DeKalb County

$

40,000

1526

JOURNAL OF THE HOUSE

Dougherty County

Contract for services with River Road, Inc. d/b/a SAFEC to provide community social service programs $ in Dougherty County

10,000

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

$

Education

12,000

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 Board of Education

Contract with Georgia Empowerment and Resources to

promote growth and development of community in

$

Baker County

25,000

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

Education

$ 30,000

DeKalb County Purchase signage for Rock Chapel Elementary school

Board of

grounds in DeKalb County

$

Education

3,000

Monroe County Recreation park construction and improvements in Monroe County

$ 25,000

City of Donalsonville

Renovate and make streetscape improvements in the City of Donalsonville

$ 20,000

THURSDAY, MARCH 7, 2002

1527

DeKalb County

Contract for services with IAM, Inc. to provide tutorial and leadership programs for South DeKalb County

$

9,000

Columbus Consolidated Government

Renovation of Memorial Stadium for expansion of facility and maintenance and operation of Adah-Air, $ Mack Pack Community Center in the City of Columbus

50,000

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 Consolidated Government

Youth mentoring program for the City of Columbus

$ 25,000

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

$

Education

8,000

Bleckley County Improvements to the Bleckley County Courthouse

$ 25,000

Dodge County Board of Education

Improvements in athletic program at Dodge County High School

$ 25,000

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

Education

$ 9,000

1528

JOURNAL OF THE HOUSE

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 $ County

4,000

DeKalb County Contract with S.E.E.D. Organization to provide employment training to youth in DeKalb County

$ 2,000

DeKalb County Character Education Seminars for students at

Board of

Stephenson Middle School in DeKalb County

Education

$ 20,000

Telfair County Development Authority

Industrial development in Telfair County

$ 25,000

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 City of Atlanta

$ 30,000

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 $ DeKalb County

3,000

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 $

Education

County

22,500

Monroe County Purchase of medical equipment for Monroe County Hospital

$ 10,000

THURSDAY, MARCH 7, 2002

1529

Wilkinson

Grading, base and paved parking area at Wilkinson

County Board of County High School

Education

$ 22,000

DeKalb County Neighborhood beautification project for the Toney Gardens Civic Organization in DeKalb County

$

500

City of Plains Purchase and refurbish vehicle for the City of Plains $ 35,000

Jasper County Board of Education

Improvements, repairs, equipment, and renovations for

Rose Bowl Field in Jasper County

$

32,000

Gwinnett County Purchase educational materials, equipment, and capital

Board of

improvement for Nesbit Elementary in Gwinnett

$

Education

County

22,500

DeKalb County Contract for services with Miller's Academy for after school program and school repairs in DeKalb County

$

20,000

City of Pine Lake

Restoration and reconstruction of historic lake in the City of Pine Lake

$ 10,000

City of Atlanta Board of Education

Technology Learning Initiative for computer purchases at Benjamin E. Mays High School in the City of Atlanta $

10,000

DeKalb County Neighborhood beautification project for the Toney Valley Civic Association in DeKalb County

$

500

Meriwether

Repairs to the gym at Greenville High School in the

County Board of City of Greenville

Education

$ 12,000

Telfair County

Purchase equipment for the Sheriff's Department and the Probate Court in Telfair County

$

25,000

DeKalb County

Contract for services with IAM, Inc. to provide tutorial and leadership programs in DeKalb County

$

3,000

1530

JOURNAL OF THE HOUSE

City of Atlanta After school and summer school tutorial programs at

Board of

Kennedy Middle School in the City of Atlanta

$ 20,000

Education

City of Atlanta

Support services provided by NISSI Foundation to atrisk individuals in the City of Atlanta

$

20,000

Morgan County Repair roof on old jail which is used as an archive for Morgan County

$

10,000

Morgan County Renovation of historic Morgan County Courthouse

$ 10,000

Clay County Clay County airport

$ 25,000

Randolph County

Randolph County airport

$ 25,000

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

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

Stephens County Building improvements to help house truck and equipment in Stephens County

$ 10,000

Stephens County Purchase equipment and office supplies for the Senior Citizens Center in Stephens County

$

20,000

THURSDAY, MARCH 7, 2002

1531

Augusta/ Richmond County

Increase the programs and services at the Augusta Museum of History

$ 25,000

Augusta/ Richmond County

Organizational support for the operation of the Lucy Craft Laney Museum of Black History in Richmond County

$ 25,000

Augusta/ Richmond County

Provide funding to the Harrisburg Westend Neighborhood Association to purchase food for the poor in the City of Augusta

$ 25,000

City of Atlanta

Residential improvement and economic development for the Pittsburgh Community in the City of Atlanta

$

25,000

Hall County

Umbrella for Operation Center, Search and Rescue and radio room in Hall County

$

35,000

City of Waco

Run water and sewer to new vocational/technical school in the City of Waco

$

300,000

City of Bremen Expansion of Senior Citizens Complex in the City of Bremen

$ 200,000

City of Warner Robins

Operating expenses at the Air Force Museum in Warner Robins

$

90,000

Cobb County Board of Education

Renovation and construction of athletic field at Kennesaw Mountain High School in Cobb County

$ 35,000

Meriwether

Drivers education programs at Manchester and

County Board of Greenville High Schools in Meriwether County

Education

$ 36,000

City of Columbus

Contract for services with Community Health Services for community health care in the City of Columbus

$

25,000

Columbus/ Muscogee County

Contract for services with Community Outreach Program

$ 35,000

1532

JOURNAL OF THE HOUSE

Bibb County

Operating funds to Breezy Hill center for mentally retarded

$ 71,000

City of Albany Contract for services with East Albany Service League $ 25,000

City of Lithonia Provide funds for South Dekalb Arts Expo

$ 75,000

Fulton County Fund general operating expenses to AUDIENCE, Inc.

Board of

in south Fulton County

$

Commissioners

25,000

Jenkins County Renovate theater building in Jenkins County Commission

$ 10,000

Effingham County Commission

Storage and preservation of historic records in Effingham County

$ 10,000

City of Cairo

Renovations to the Zebulon movie theater in the City of Cairo

$

25,000

Cobb County Board of Education

Pope High School theater improvements in Cobb County

$ 20,000

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

THURSDAY, MARCH 7, 2002

1533

Taliaferro

Renovate the Clock Tower of the Taliaferro County

County Board of Courthouse

Commissioners

$ 20,000

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

Operational funds for The Augusta Museum of History

County

in Richmond County

$

Commissioners

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 Commission

Help restore services for the Augusta Opera in Richmond County

$ 25,000

Richmond

Assist with additional cost of matinees and expand

County Board of program for the Augusta Players

Commissioners

$ 10,000

Richmond

Purchase equipment for the new facility at the Davidson

County Board of School of Fine Arts in the City of Augusta

$

Education

50,000

Fulton County

Purchase of security fence at a Senior Citizen Center in Fulton County

$

55,000

Baker County Board of Education

Fund paving and playground for new school site in Baker County

$ 27,750

1534

JOURNAL OF THE HOUSE

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

Town of Kite Kite Recreation Department for lighting ballfield

$ 10,000

Meriwether

Updating of band equipment and band facility in

County Board of Meriwether County

Education

$ 25,000

Fulton County Commission

Funds for the Kids Gym USA education through preschool in Fulton County

$

25,000

Pelham City Public Schools

Replace tennis courts at schools in the City of Pelham $

20,000

City of Colquitt Purchase lighting for the football/soccer field in the City of Colquitt

$ 15,000

Richmond

Funding for the Augusta Youth Center, Inc

County Board of

Commissioners

$ 5,000

Dekalb Board of Replace equipment at Druid Hills High School in

Education

DeKalb County

$ 30,000

Paulding County Funds for recreation and equipment for Paulding

Board of

County Board of Education

Education

$ 50,000

Richmond

Purchase additional lighting for little league fields in

County Board of Richmond County

Commissioners

$ 20,000

Polk County Board of Education

Purchase band uniforms for the new Rockmart High School Band and make improvements to recreational $ 20,000 building in Polk County

Dekalb County Funds for computer lab to provide training for inner-

Board of

city youth in Dekalb County

Commissioners

$ 185,000

THURSDAY, MARCH 7, 2002

1535

Douglas County Commission

Construct a PlayGarden for children in Douglas County $

25,000

City of Augusta Assist with the mentoring program at the Augusta Youth Center, Inc.

$ 5,000

Richmond County Commission

Purchase boxing equipment for the Augusta Boxing Club

$ 25,000

DeKalb County Field improvements at the Scottsdale Athletic

Board of

Association in Dekalb County

Commissioners

$ 25,000

Bibb County Board of Education

Funding for the Central High School Academic Decathalon team to attend national competitions

$ 10,000

Brooks County Purchase school bus security cameras in Brooks County

Board of

$

Education

20,000

Richmond

Operational expenses for Southside Tutorial Program in

County

Richmond County

$

Commissioners

30,000

Haralson County Purchase band uniforms for Haralson County High

Board of

School

Education

$ 25,000

Richmond County Commission

Purchase additional lighting for West Augusta Little League Fields in the City of Augusta

$ 20,000

Richmond

Save Our Students operational funds for National

County

Legacy Foundation in Richmond County

Commissioners

$ 100,000

City of Morrow Park improvements for the City of Morrow

$ 20,000

Clayton County Commissioners

Boys' mentoring programs at Haney's Harvest House in Clayton County

$

45,000

1536

JOURNAL OF THE HOUSE

City of Valdosta

Purchase and install playground equipment for Fellowship and Hightower Parks in the City of Valdosta

$

30,000

City of Milan Refurbish basketball gym in Milan

$ 10,000

City Lyons

Purchase playground equipment in the City of Lyons $ 20,000

Irwin County Purchase transportation for Irwin County 4H Club Commissioners

$ 5,000

City of Cedartown

Recreational and park funds for the City of Cedartown $ 25,000

Dekalb County Renovations at Hebrum High School in Dekalb County

Board of

$

Education

7,500

Grady County Seminars for youth in Southwest Georgia in Grady Commission County

$ 10,000

Dekalb County Public health and hygiene programs in high schools in

Board of

Dekalb County

$

Education

10,000

Taylor County Rebuild the windows in the Mauk Schoolhouse in Commission Taylor County

$ 18,000

Gwinnett County Fund computerized reading program for Grayson

Board of

Elementary School in Gwinnett County

Education

$ 45,000

City of Lenox Playground equipment and baseball field repairs for City of Lenox Children's Community Center

$ 25,000

City of Columbus

Purchase boxing equipment for at risk kids in the City of Columbus

$

10,000

City of Atlanta Purchase van for transportation for Grace Cross Cultural Ministries in the City of Atlanta

$ 27,800

City of Cartersville

Recreational funds to the City of Cartersville

$ 25,000

THURSDAY, MARCH 7, 2002

1537

Troup County Commission

Construction of traffic light in Troup County and Troup High School entrance

$

40,000

Cobb County Board of Education

Lighting and other improvements for the soccer field at

South Cobb High School in Cobb County

$ 50,000

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 children's programs in the City of Rome

$ 8,000

Cobb County Board of Education

Purchase marching band truck for Pope High School in

Cobb County

$ 20,000

City of College Renovate 1921 S.R. Young School into the Tri-Cities

Park

Arts Center in the City of College Park

$

10,000

DeKalb County

Funds for materials, transportation, meals, training, and other program expenses in DeKalb County

$

50,000

Rabun County Purchase recreational equipment for the citizens of Commissioners Rabun County

$ 15,000

Cobb County Board of Education

For academic and facility initiatives at Pebblebrook High School in Cobb County

$ 55,000

Screven County Purchase computer lab for Screven County High School

Board of

$

Education

25,000

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

$

Education

10,000

1538

JOURNAL OF THE HOUSE

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

$

Commissioners

20,000

City of Columbus

Fund educational program for youth in the City of Columbus

$ 30,000

Johnson County Provide funds for Johnson County Recreation Library Trustees Department

$ 5,000

Bibb County Board of Education

Funds for travel of Bibb County Southeast High School

student choir to attend international competition

$ 15,000

Clayton County Continue program under the program goals of the

Board of

Youth Empowerment Project in Clayton County

Commissioners

$ 40,000

DeKalb County Lighting for soccer fields at the Stone Mountain Youth

Board of

Association in Dekalb County

$

Commissioners

25,000

Gwinnett County Fund band uniforms for Grayson High School in

Board of

Gwinnett County

Education

$ 50,000

Muscogee

Fund educational programs in Columbus area schools

County Board of

$ 10,000

Education

Oconee County Develop youth recreation and playground facilities in Commission the City of Bogart

$

17,000

Rockdale County Purchase security cameras, monitor and installation at

Board of

Honey Creek Elementary in Rockdale County

$

Education

1,500

Randolph County Commission

Replace carpeting and repair damage to walls of Randolph/Clay High School in Randolph County

$ 15,000

THURSDAY, MARCH 7, 2002

1539

City of Columbus

Fund youth programs in the City of Columbus

$ 25,000

Richmond

Operational funding for Delta House, Lucy Craft Laney

County

Museum in Richmond County

$

Commissioners

75,000

DeKalb County Teach at-risk youth job readiness and business skills in

Board of

Dekalb County

$

Commissioners

40,000

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

Board of

Chatham County

Education

$ 25,000

Fayette County Funds for heating and air system for a new athletic

Board of

facility in Fayette County

Education

$ 25,000

Richmond

Youth Leadership operational expenses for CSRA

County

Economic Opportunity Authority in Richmond County $

Commissioners

50,000

City of Macon Fund anti-gang programs in the City of Macon

$ 20,000

Bibb County Board of Education

Purchase band uniforms for students at Northeast Magnet 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 Board of Education

Long County School System concession stand/sports

facility

$ 50,000

1540

JOURNAL OF THE HOUSE

Sumter County Acquisition of various instruments for the middle

Board of

school band in Sumter County

Education

$ 17,287

DeKalb County Fund at-risk youth programs in DeKalb County

$ 50,000

Cobb County Board of Education

Purchase outdoor lights for safety at Kincaid Elementary School in Cobb County

$ 5,000

Fayette County Purchase new internet ready computers at Sandy Creek

Board of

High School in Fayette County

$

Education

25,000

Jefferson County Purchase lighting for the girls' softball field in Jefferson

Board of

County

$

Education

40,000

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 Commissioners

$ 5,554

Athens-Clarke County Commission

Construct Stonehenge youth park and sports field in Athens-Clarke County

$ 40,000

City of Tyrone Construct little league ball park in the City of Tyrone $ 25,000

Jenkins County Construct buildings for Jenkins County Recreation Commission Department

$ 48,000

THURSDAY, MARCH 7, 2002

1541

Fulton County Fund programs to aid students in Fulton County Board of Commissioners

$ 10,000

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 Commission

$ 10,000

City of Atlanta

Establish office space, staff salaries, purchase developmental materials for Kids in Discovery of Self $ for the City of Atlanta

30,000

Laurens County Purchase computers and equipment in Laurens County

Board of

at East Laurens Elementary

$

Education

25,000

Gwinnett County Construct athletic facilities at Brookwood High School

Board of

in Gwinnett County

$

Education

25,000

City of Dahlonega

Install lights at the girls softball field in the City of Dahlonega

$ 15,000

City of Grovetown

Repair playground and repair/replace playground equipment in the City of Grovetown

$ 25,000

DeKalb County Construct a new athletic field in Dekalb County Board of Commissioners

$ 25,000

Chatham County Operational expenses at MedBank in Chatham County Commissioners

$

5,000

Chatham County Purchase equipment for use in testing and sound booth Commissioners at Savannah Speech and Hearing in Chatham County

$

11,475

DeKalb County Fund medical care for high-risk pregnant mothers and acutely ill patients in DeKalb County

$

25,000

1542

JOURNAL OF THE HOUSE

City of Atlanta Funds to impoverished children in the City of Atlanta $ 10,000

Clay County Board of Education

Purchase air conditioning for gymnasium at Clay County Elementary School

$ 12,000

Richmond County Commission

Programs at the East Augusta Learning Center in the

City of Augusta

$ 50,000

Johnson County Funds for Johnson County Public Library Commission

$ 5,000

City of Atlanta

Fund after school programs and mentoring in the City of Atlanta

$

39,415

City of Pooler Purchase and install new air conditioning units at gymnasium in the City of Pooler

$ 10,000

City of Columbus

Funding for anti-drug community programs in the City of Columbus

$

15,000

Union County Planning for community center, youth center and Commission double gym in Union County

$ 25,000

City of Atlanta Aid programs at the Herndon Home in the City of Atlanta

$ 30,000

Habersham County Commission

Purchase furniture and equipment for the Habersham

County Senior Center

$ 10,000

City of Sandersville

Improvements and equipment upgrades for Washington County Health Center

$

50,000

Calhoun County Funding of medical care for Calhoun County's indigent

Board of

patients at Calhoun Memorial Hospital

$ 105,000

Commissioners

City of East Point

Purchase van for after school program in the City of East Point; enrichment courses; and purchase playground equipment

$ 50,000

THURSDAY, MARCH 7, 2002

1543

City of Macon Construct an Intergenerational Activity Center at the Methodist Home for Children and Youth in Macon

$ 20,000

Clayton County Develop a fitness center at Clayton County International

Board of

Park

$

Commissioners

39,000

City of

Construct pavilion in Donalsonville City Park

Donalsonville

$ 25,000

Randolph County Commission

Purchase a van for handicapped patients in Randolph

County

$

7,500

Lowndes County Commissioners

Construct the James M. Beck Youth and Teen Center in Lowndes County

$

50,000

Dekalb County Construct a new headquarters to expand Childkind's Commission programs in Dekalb County

$ 10,000

City of Atlanta Board of Education

Provide funds for Morehouse and Morris Brown to develop materials for the City of Atlanta School System $

50,000

Chatham County Commissioners

Purchase Tympanometers and Oto-Acoustic Emmission Test for Chatham County Equipment

$

12,000

City of Atlanta Fund after school programs in the City of Atlanta

$ 20,000

City of Valdosta Fund three County Retiree Attraction Programs in the City of Valdosta

$

20,000

City of Columbus

Establish a community resource center in the City of Columbus

$ 15,000

Dekalb County Fund Hispanic women's entrepreneurial development Commission program in Dekalb County

$

10,000

City of Atlanta

Funding for health initiative, youth empowerment, and senior citizens' programs in the City of Atlanta

$

20,000

City of Columbus

Assist homeless families in the City of Columbus

$ 20,000

1544

JOURNAL OF THE HOUSE

Dekalb County Fund Steps for Success Programs in Dekalb County Board of Commissioners

$ 38,000

Fulton County Fund a youth and adult literacy initiative in Fulton Commission County

$ 15,000

Dekalb County Construct facility for a community senior center in

Board of

Dekalb County

Commissioners

$ 25,000

Glascock County After school program in Glascock County Board of Education

$ 40,000

Clayton County Purchase a mini-van for the Meals on Wheels program

Board of

in Clayton County

$

Commissioners

20,000

City of Atlanta

Fund Adair Park and Oakland City Senior Citizen Home Rehabilitation, Beecher/Cascade intersection improvements in the City of Atlanta

$ 30,000

Randolph County Commission

Furnish outpatient mental health/substance abuse facility in Randolph County

$ 7,000

City of Columbus

Residential care program in the City of Columbus

$ 5,000

City of Augusta Assist burn survivors and their families in the City of Augusta

$

20,000

Gwinnett County Construct concession stand and restrooms for the

Board of

Grayson Community Stadium Project, including lights $ 100,000

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

55,000

THURSDAY, MARCH 7, 2002

1545

Muscogee

After school reading program for Dawson Elementary

County Board of and Cusseta Road Elementary Schools in the City of $

Education

Columbus

75,000

Richmond

Operational funding for the CSRA Transitional Center,

County

Inc. in Richmond County

$

Commissioners

40,000

Oconee County Purchase van for Senior Center in Oconee County Commission

$ 20,000

Athens-Clarke County Commission

Renovation of office space for Community Connection

staff in Athens-Clarke County

$

30,000

Fulton County Board of Education

Funding for Learning Disabilities Association of Georgia programs in Fulton County

$ 70,000

Richmond

Operational funds for Beulah Grove Community

County

Resource Center in Richmond County

Commissioners

$ 35,000

City of Concord Renovation of community center in the City of Concord $ 25,000

City of Augusta Operating funds for the Neighborhood Improvement Project for Richmond County

$ 20,000

Barrow County Temporary staff and support for adult education and Commission employment center in Barrow County

$ 10,000

DeKalb County Education and prevention program for 500 minority Commission mothers in Dekalb County

$ 20,000

Chatham County Fund Phase II of the Tatemville Gymnatorium in Commissioners Chatham County

$ 5,000

City of Harlem Purchase Neighborhood Development Building in the City of Harlem

$

25,000

Terrell County Purchase a vehicle for the Kinchafoonee Regional Library Trustees Library in Terrell County

$ 17,000

1546

JOURNAL OF THE HOUSE

Peach County Facilitate the funding of medical care for Peach

Board of

County's indigent patients

Commissioners

$ 100,000

City of Fairburn Fund mental health and substance abuse programs in

the City of Fairburn center for women and their

$ 25,000

children

Bartow County Funds to Bartow County for Etowah Foundation, Commission 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

Douglas County Operations of Douglas County First Step Program Commission

$ 27,500

Dougherty

Fund planning phase and renovations to the Parks at

County Board of Chehaw in Dougherty County

Commissioners

$ 50,000

City of Atlanta

Funding for refurbishing and updating systems at the in town Community Assistance Center in Atlanta

$

15,000

Putnam County Park construction in Putnam County Board of Commissioners

$ 15,000

City of Rome

Fund programs and office space for after-school 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 Commissioners

$ 10,000

THURSDAY, MARCH 7, 2002

1547

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 Education

$ 30,000

Jeff Davis

Provide funds for Safe and Sober program in Jeff Davis

County

County

$

Commissioners

10,000

Chatham County Purchase resource materials for the Parent Resource Commissioners Center and a counselor at Lutheran Ministries in
Chatham County

$ 10,000

Barrow County Provide abuse prevention programs in Children's Commission Advocacy Center in Barrow County

$ 10,000

Houston County Fund start-up costs for new residential program for Commission mentally ill adults in Houston County

$ 20,000

City of College Provide scholarships and general operating costs at

Park

Promise Children's Home in the City of College Park

$

10,000

DeKalb County Construct a new community center in Dekalb County

Board of

$ 25,000

Commissioners

1548

JOURNAL OF THE HOUSE

Richmond

Operational funding for Delta Leadership Training

County

Program in Richmond County

Commissioners

$ 20,000

City of College Park

Funds for after-school programs in the City of College Park

$

20,000

Fulton County Operational expenses for United Community

Board of

Association, Inc in Fulton County

Commissioners

$ 40,000

Dekalb County Commission

Construction of the International Village Cultural and Community Center in DeKalb County

$ 150,000

City of Luthersville

Renovation of newly acquired city hall/community building and senior center in the City of Lutherville

$ 65,000

Muscogee County Commission

Purchase supplies and travel funds for the child development center in Muscogee County

$ 28,000

City of Reynolds Purchase a "jaws of life", vehicle, and training for officers in the City of Reynolds

$ 30,000

City of Whitfield Shelter and concentrated care for troubled girls in Whitfield County

$ 10,000

Union City

Purchase equipment and provide training for Keep South Fulton Beautiful in Union City

$ 25,000

City of Pineview Expanding and renovation of Pineview City Hall

$ 20,000

City of Claxton Purchase police car and equipment for the Claxton Police Department

$ 10,000

Bryan County Commission

For the construction of North Bryan Industrial park in Bryan County

$

50,000

Randolph

Construct firestation/voting precincts in Springvale,

County

Carnegie and Randolph County

$ 6,500

Commission

THURSDAY, MARCH 7, 2002

1549

DeKalb County Commission

Expand parking facilities at both baseball and football park at Midway Youth Association in Dekalb County

$

16,500

Jenkins County Provide for rescue unit in Jenkins County EMA Commission

$ 10,000

City of Rome

Technology and Media Resources, Software for RESA in the City of Rome

$

7,000

Glascock County Restoration of courthouse in Glascock County Commissioner

$ 10,000

Newton County Purchase cameras for patrol cars in Newton County Commissioners

$ 30,000

City of Atlanta

Fund Capacity Building Initiative for Georgia Nonprofit Community in Fulton County

$

20,000

Habersham County Commission

Renovate Habersham County's fairground facilities

$ 30,000

Emanuel County Fund economic development project for Emanuel Commission County

$ 25,000

City of Avondale Installation of the Georgia Crime Information Center

Estates

(GCIC) equipment in the police department in the City $

of Avondale Estates

9,000

Dawson County Commission

Computer indexing of Deed Records in Dawson County $

15,000

City of Hagan Funds to purchase police car for the City of Hagan

$ 10,000

White County Purchase supplies, equipment and computers for Boys

Board of

and Girls Club in White County

$

Commissioners

20,000

City of Alamo Beautification of park in downtown Alamo

$ 10,000

Effingham

Development of Educational Center site and

County Board of infrastructure in Effingham County

Commissioners

$ 50,000

1550

JOURNAL OF THE HOUSE

Morgan Board of Commissioners

Construct Burn Trailer Fire Training Facility in Morgan County

$

11,000

Bryan County Commission

Purchase a four wheel drive unit for the fire department in Bryan County

$

30,000

City of Soperton Purchase land adjacent to city park in the City of Soperton

$ 22,000

McDuffie County Commission

Repair and construction costs at the McDuffie County

Fire Station and to upgrade equipment

$ 50,000

Jasper County Board of commissioners

Rehabilitate four wells in Jasper County

$ 15,000

City of Winterville

Renovation to Winterville City Park and Winterville Depot, infrastructure and improvements

$ 20,000

White County Purchase automatic external defibrilators for Region 2

Board of

Emergency Medical Services in White County

$

Commissioners

50,000

Athens-Clarke Provide programs to minority businesses in Northeast

County

Georgia

$ 25,000

Commission

Decatur County Purchase Decatur County fire and rescue equipment $ 12,500

Echols County Reimbursement to Echols County for capital felony Commission expenses incurred

$ 50,000

City of East Dublin

Expansion of water and sewer facilities; purchase of right-of-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

THURSDAY, MARCH 7, 2002

1551

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 University in Lowndes County

$ 25,000

Berrien County Clean and restore cemeteries in Berrien County Commission

$ 30,200

Peach County Jail roof replacement and repair in Peach County Commission

$ 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 Rossville

$ 10,000

City of Emerson Renovation and relocation of Emerson City Hall

$ 35,000

Treutlen County Expansion and renovation of Treutlen County Commission Courthouse

$ 25,000

City of Pooler

Purchase video cameras for city patrol vehicles, plus accessories for recording and housing each unit in the $ City of Pooler

25,000

City of Ludowici Ludowici City Jail Renovation Project

$ 30,000

Bryan County Purchase of new Class A pumpers in Bryan County Commission

$ 20,000

1552

JOURNAL OF THE HOUSE

Chatham County Provide a firing range to the AASU Law Enforcement Commission Training Center in Chatham County

$

25,000

City of Emerson Purchase life saving tool, Jaws of Life, in the City of Emerson

$

8,000

Calhoun County Purchase of hospital equipment for Calhoun County Commission

$ 45,000

City of Kennesaw

Funds for Emergency Management Command Center in the City of Kennesaw

$

20,000

City of Locust Establish a K-9 unit for the City of Locust Grove Grove

$ 10,000

City of Macon Funding for general operation expenses at the James Wimberly Institute in the City of Macon

$ 15,000

Warren County Purchase of EMS and fire equipment for Warren Commission County

$ 12,000

Wayne County Purchase fire fighting equipment for rural volunteer Commission fire departments in Wayne County

$ 20,000

City of Acworth

Purchase Alco Sensors for the police department in the City of Acworth

$

6,000

City of Clayton Replacement of damaged sewer line in the City of Clayton

$ 25,000

City of Pooler

Complete Joe Baker Park Project on Highway 80 in the City of Pooler

$

5,000

City of Pooler Purchase new 800 mhz radios for the City of Pooler $ 10,000

City of Powder Repair and enhance safety on State Route 6 in West

Springs

Cobb County

$ 100,000

City of Vienna

Purchase a vehicle and a hydraulic rescue tool for the City of Vienna

$

44,350

THURSDAY, MARCH 7, 2002

1553

Wilcox County Commissioners

Purchase land and develop an Industrial Park in Wilcox County

$

70,000

City of Boston Downtown Streetscape Project in the City of Boston $ 20,000

Lowndes County Resurface the driveway and parking lot in Lowndes Commissioners County

$ 25,000

Taylor County Construction of a facility and holding pen for cattle, Commissioners purchase of set of cattle scales in Taylor County

$ 65,000

City of Broxton Purchase tractor for beautification of the City of Broxton

$ 15,000

City of Columbus

Funding for The Prison Rehabilitation Reclaiming of Prisoners in the City of Columbus

$

20,000

Bulloch County Pave the entry drive and parking area for the new Commission community park in Nevels

$ 15,000

City of White Sewage Pipeline in the City of White

$ 25,000

City of Americus Landscaping, installing water lines, street construction,

and land acquisitions for cemeteries in the City of

$

Americus

80,000

Johnson County Funds for Raines Cross Road Community Facility and Commission 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 Commission

Renovation and handicap accessible construction for

county commission offices in Meriwether County

$ 40,000

1554

JOURNAL OF THE HOUSE

Webster County Purchase a new cardiac monitor for EMS in Webster

Board of

County

Commissioners

$ 14,926

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

Board of

Justice system

Commissioners

$ 10,000

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 pedestrian 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

Board of

of Blackshear

$

Commissioners

30,000

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

Purchase equipment for Altamaha Fire Station

County

Commissioners

$ 6,000

City of Atlanta

Improve facade of Sweet Auburn Curb Market and purchase equipment and improve parking lot in the City $ of Atlanta

44,000

Bacon County Renovation of old City Hall in Alma Commissioners

$ 25,000

THURSDAY, MARCH 7, 2002

1555

City of Alma Renovation of old City Hall in Alma

$ 25,000

Richmond

Fund landscaping projects at Terrace Manor Elementary

County Board of School in Richmond County

$

Education

5,000

Richmond

Purchase a marquee for Edward E. Murphy Middle

County Board of School in Richmond County

Education

$ 5,000

Floyd County Board of Education

Fund summer teacher workshop, video equipment and

supplies at Coosa High School in Floyd County

$ 20,000

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

$

Commissioners

20,000

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 Greene County

Board of

$

Commissioners

20,000

1556

JOURNAL OF THE HOUSE

City of Kingston Fund digging of water well for the City of Kingston $ 25,000

Hancock County Purchase supplies and equipment for the Hancock

Board of

County Sheriffs' Office

Commissioners

$ 11,000

Glynn County Repair culverts under Touchstone Parkway in the Glynn

Board of

County Public Safety Complex

$

Commissioners

25,000

Bartow County Construct service test/training site for Fire Department

Board of

in Bartow County

$

Commissioners

75,000

South Georgia RDC

Purchase equipment for various chambers of commerce in region 11

$

28,127

City of Clarkston Purchase computers for police cars in the City of Clarkston

$ 35,000

Clayton County Replace heat pumps at the Clayton County Alzheimer

Board of

Center

$

Commissioners

50,000

Quitman County Replacement of fire pumper truck lost in fire for Commission Quitman County

$ 21,500

City of Stillmore Construct new City Hall in the City of Stillmore

$ 5,000

Lumpkin County Upgrading of Plat Records management in Lumpkin Commission County

$ 15,000

Grady County Purchase emergency management equipment and Commission shelter upgrades in Grady County

$ 25,000

City of Remerton Downtown beautification in the City of Remerton

$ 20,000

Seminole County Construct parking for Seminole County Courthouse Board of Commissioners

$ 20,000

THURSDAY, MARCH 7, 2002

1557

Jefferson County Provide funds for Tri-City projects Development Authority

$ 75,000

City of Cleveland

Construct Downtown Streetscape in the City of Cleveland

$ 25,000

City of Unadilla Water repairs in the City of Unadilla

$ 6,500

Warren County Construct a new building to house all emergency Commission services in Warren County

$ 30,000

Berrien County Partial funding of fire truck for East Berrien Volunteer

Board of

Fire Department

$

Commissioners

20,000

Chatham County Purchase and renovate existing building for Ash Tree Commissioners Organization, Inc. in Chatham County

$

40,000

City of Dalton

Funding for the Dalton Convention and Visitors Center programs

$

2,500

Liberty County Establish a community development department in

Board of

Liberty County

Commissioners

$ 50,000

Valdosta/

Provide funds for the Valdosta/Lowndes County Land

Lowndes County Bank Authority Land Bank

$ 300,000

Authority

City of Atlanta

Provide funds for programs and salaries at the Metropolitan Community Foundation in the City of Atlanta

$ 85,700

Houston County Fund start-up costs for a new residential program for mentally handicapped adults in Houston County

$ 50,000

City of Monticello

Renovation of the Benton Building in the City of Monticello

$ 100,000

1558

JOURNAL OF THE HOUSE

Jeff Davis County

Assist with operating expenses for Ag Center

$ 600,000

City of Eatonton Renovation of the Old Elementary School in Eatonton for use as a community/educational center

$

30,000

Baldwin County Purchase a wheelchair accessible van in Baldwin County

$ 60,000

Taliaferro

Assist with extending water, sewer, and gas lines to

County Board of new charter school on Taliaferro County

Education

$ 40,000

Greene County Renovate the old Greensboro Jail for office and museum space in Greene County

$ 40,000

Jones County

For landscaping, traffic, and parking improvements at the Jones County Civic Center

$

40,000

Putnam County Assist with furnishings and additional equipment for the Workforce Development Center operated by the Central $ Georgia Technical College in Putnam County

50,000

City of Newnan

Improvements to the Brown's Mill Depot in the City of Newnan

$

75,000

City of Macon Fund a feasibility study of the expansion of the Ocmulgee Heritage Greenway in the City of Macon

$ 200,000

Twiggs County For Probate Court Computers and software in Twiggs County

$

25,000

City of Irwinton For City Hall repairs and renovations in the City of Irwinton

$ 25,000

Hancock County Repair to public buildings in Hancock County

$ 100,000

Tattnall County For a gymnasium/physical education building in

Board of

Tattnall County

Education

$ 390,000

THURSDAY, MARCH 7, 2002

1559

Walton County

Assist with construction of a Senior Center for Walton County

$

373,000

Dodge County For a building for the Dodge County Recreation Department

$ 150,000

Wilcox County For land procurement and the development of an industrial site in Wilcox County

$ 80,000

Lee County Board of Education

Construction of an athletic facility in Lee County

$ 50,000

Terrell County Refurbish and develop Terrell County Chamber of Commerce and welcome center facilities

$ 100,000

Mitchell County Purchase of the Hand Trading Building in Pelham

$ 75,000

City of Camilla Restoration of historic depot building in Camilla

$ 75,000

City of Gainesville

Provide funds for North Georgia Mountain Museum in the City of Gainesville

$

150,000

Wilcox County Commission

Construction of a Wilcox County Recreation Complex

$

70,000

Twiggs County For Courthouse renovation in Twiggs County

$ 100,000

Appling County For capital projects at Appling County Hospital

$ 150,000

Lamar County Provide funds for Agricultural Exposition in Lamar County

$ 50,000

Monroe County Provide funds for Civic Center in Culloden

$ 50,000

Gwinnett County For athletic facility for South Gwinnett High School in

Board of

Gwinnett County

$

Education

50,000

Gwinnett County For athletic facility for Shiloh High School in Gwinnett

Board of

County

$

Education

50,000

1560

JOURNAL OF THE HOUSE

City of Forsyth

Construction of a frontage road sidewalk in the City of Forsyth

$

20,000

Dade County Renovations and repairs to Dade County Courthouse $ 50,000

City of Stone Mountain

ART Station, Inc. after school/summer camp program for scholarships and operating expenses for the City of $ Stone Mountain

15,000

City of Jonesboro

Park improvements for the City of Jonesboro

$ 40,000

City of Forest Park

Sidewalk improvements to schools in the City of Forest Park

$

50,000

City of Riverdale Improvements to community parks in the City of Riverdale

$ 40,000

Cook County

Operating funds for Project Turn Around in Cook County

$ 24,000

Chattahoochee Operating funds for the Chattahoochee County School

County Board of Board

$

Education

25,000

City of Franklin Purchase a pumper truck for Franklin Springs Fire

Springs

Department

$ 25,000

Gwinnett County Operating expenses for Brookwood High School in Gwinnett County

$ 75,000

City of Augusta Funds for the Augusta Cotton Exchange Museum

$ 50,000

City of

Purchase of library equipment in Yatesville

Yatesville

Library Trustees

$ 36,000

Haralson County Provide funds for Haralson County Historic Court House

$ 300,000

THURSDAY, MARCH 7, 2002

1561

Polk County

Contract for fire department construction and equipment for Polk County

$ 275,000

Wilkes County

Purchase of equipment for Memorial Hospital in Wilkes County

$

100,000

Haralson County Construction and operation of Senior Citizen facility in Haralson County

$

200,000

Fulton County

Provide startup funds for Drivers Education program at Creekside High School in Fulton County

$

10,000

Clayton County Provide funds for Calvary Refuge Center in Clayton County

$ 10,000

Dougherty

Provide funds for PTA program enhancements at

County Board of Martin Luther King Jr. Elementary School in Dougherty $

Education

County

2,000

Baker County

Provide funds for PTA program enhancements at Baker County Elementary

$

1,000

City of Athens Provide funds for an after school tutorial program through the Athens Tutorial Program

$ 10,000

Chatham County

Provide funds for Communities in Schools for Chatham County

$

25,000

Peach County Provide funds for the Peach County FFA Livestock project

$ 25,000

Clayton County Purchase playground equipment for Riverdale Elementary School in Clayton County

$ 5,000

Athens/Clarke Provide funds for Recording for the Blind in

County

Athens/Clarke County

$ 10,000

Fulton County Operating funds for Midnight Basketball League for tutorial and after school programs in Fulton County

$ 10,000

City of Atlanta Provide funds for Metropolitan Atlanta Senior Center $ 30,000

1562

JOURNAL OF THE HOUSE

City of Conyers Provide funds for a park in the City of Conyers

$ 6,000

City of Lithonia Provide funds for CARE in the City of Lithonia

$ 5,000

Dekalb County Historic home restoration for Fernbank Museum of Natural Resources in Dekalb County

$ 20,000

Cobb County

Provide funds for landscaping, lighting, and drainage at South Cobb Community Center

$

10,000

Cobb County Board of Education

Provide funds for Foundation 2000 for Children in the

Pebblebrook Cluster in South Cobb County

$ 20,000

Cobb County Board of Education

Provide funds for the South Cobb High School Education Foundation

$ 10,000

Twiggs County Provide for the renovation of the Twiggs County Courthouse

$ 50,000

Macon County Renovate the Macon County Tax Commissioner's Office

$ 25,000

Sumter County Provide funds for band uniforms and equipment at

Board of

Americus High School in Sumter County

Education

$ 25,000

City of Shellman Purchase a defribillator for the City of Shellman

$ 3,000

Randolph County

Provide funds for outpatient mental/health substance abuse facility in Randolph County

$ 10,000

Dekalb County Purchase of a marquee for Wadsworth Elementary School in Dekalb County

$ 5,000

Effingham County

Provide funds for the Student Transition and Recovery (STAR) program in Effingham County

$

115,000

THURSDAY, MARCH 7, 2002

1563

Stephens County Provide funds for computer equipment at Stephens

Board of

County Middle School

Education

$ 25,000

Stephens County Provide funds for computer equipment at the

Board of

Crossroads Alternative School in Stephens County

Education

$ 25,000

Schley County

Provide funds for construction of an athletic complex in Schley County

$

100,000

Stephens County Provide funds for an Ecological Center for public

Board of

education and outdoor classroom in Stephens County $ 45,000

Education

City of Metter Fund a softball field in the City of Metter

$ 5,000

City of Jesup

Provide funds for McMillan Creek Park project in City of Jesup

$

40,000

Houston County Provide funds for Houston County Association for exceptional adults residential program

$ 35,000

Troup County Feasibility study for the Clark Access in Troup County $ 10,000

Randolph

Funds for technology improvements for the Randolph

County Board of County Board of Education

$

Education

15,000

Fulton County Provide funds for Legislative Conference on Education $ 40,000

City of Warner Robins

Purchase and installation of Interactive Exhibit and equipment for the Air Force Museum in the City of Warner Robins

$ 750,000

City of Augusta Fund "Fore!" Augusta Foundation's golf program for children

$ 250,000

City of Savannah Renovation of driver's license facility in the City of Savannah

$ 100,000

1564

JOURNAL OF THE HOUSE

Bacon County Funds for capital offense murder trail in Bacon County $ 100,000

City of Augusta Arsenal Carriage House in the City of Augusta

$ 100,000

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 $74,100 for operating expenses.

Section 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

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 44. 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 $2,285.76. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45. Provisions Relative to Section 15, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4

Standards of Need $ 235
356 424 500

Maximum Monthly Amount $ 155 235 280 330

THURSDAY, MARCH 7, 2002

1565

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 46. 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 47. Provisions Relative to Section 24, 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

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may be limited to employees who live or work in the Atlanta Ozone Nonattainment Area and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation Atlanta Ozone Nonattainment Area means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 48. Provisions Relative to Section 30, 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 49. Provisions Relative to Section 31, 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 50. Provisions Relative to Section 34, 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 51. Provisions Relative to Section 36, 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.

THURSDAY, MARCH 7, 2002

1567

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 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.

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Section 52. 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 53. To the extent to which Federal funds become available in amounts in excess of
those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of 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

THURSDAY, MARCH 7, 2002

1569

Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 54. Each agency for which an appropriation is authorized herein shall maintain
financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 56. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 57. In accordance with the requirements of Article 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 58. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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

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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 59. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 60. There is hereby appropriated a specific sum of Federal grant funds, said specific
sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

THURSDAY, MARCH 7, 2002

1571

Section 61. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
Provided, of the above appropriation relative to State of Georgia General Obligation Debt Sinking Fund, State funds appropriated for plans and design of a Coverdell Building at the University of Georgia shall be contingent upon matching federal and private funds.

A.) Maturities not to exceed two hundred forty

months.

Board of Regents, University System of Georgia projects:

$

Health Science Building at the Medical College of

Georgia - $33,320,000

Advanced Computer Technology Building at the

Georgia Institute of Technology - $31,880,000

Major repair and rehabilitation at various facilities

of the University System of Georgia - $31,075,000

Bartow Center for Floyd College - $18,180,000

Academic Building at Georgia Military College

$13,430,000

Coverdell Building at the University of Georgia

$10,000,000

Cancer Research Center at the Medical College of

Georgia - $10,000,000

Board of Regents, University System of Georgia projects:

$

River Regional Center at Bainbridge College

$4,925,000

Complete construction of the Interdisciplinary

Research Center at the Medical College of

Georgia $5,200,000

Purchase of Tift College for the Governor's

Leadership Institute - $4,600,000

Animal Health and Biological Resources Building at

the University of Georgia - $4,300,000

Chiller system at Clayton College and State

University - $4,600,000

Replace HVAC systems campus wide at Gainesville

College - $800,000

Principal Amount 147,885,000 $
37,540,000 $

Debt Service 12,422,340
3,153,360

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Replace electrical system at State University of West Georgia - $3,500,000
Purchase and improve Warner Robbins facility for Fort Valley State University - $4,690,000
Renovate Nevins Hall Science Building at Valdosta State University - $4,500,000
Shortage in construction of a Food Processing and Technology Research Facility at Georgia Tech for Traditional Industries - $425,000
Department of Technical and Adult Education projects: Appalachian Technology Building - $7,340,000 Chattahoochee Classroom Building - $20,350,000 Allied Health and Information Technology Building at Northwestern Center - $6,400,000 Athens Business Technology Building - $6,500,000
Renovate and improve a former shopping for the Central Georgia Adult Education and Child Development Center
Major repairs and rehabilitation for various facilities of the Department of Technical and Adult Education
Georgia Environmental Authority projects: Low interest loans for local water and sewer construction projects - $10,500,000 Federal funds match for clean water and drinking water capitalization grants - $8,000,000
Purchase 5,500 acres of Chickasawhatchee Swamp Department of Natural Resources projects:
Renovations and repairs in the park system $7,200,000
Phase II of Charlie Elliott Wildlife Center $3,000,000
Design new facilities for the Coastal Regional Headquarters - $80,000
Construct a public fishing area on the Ocmulgee Wildlife Management Area in Bleckley and Pulaski Counties - $2,500,000
Build a group shelter at Jefferson Davis Historic Site - $200,000
Build a group lodge at Seminole State Park $2,000,000

40,590,000
5,540,000 5,345,000 18,500,000
5,500,000 15,880,000

3,409,560
465,360 448,980 1,554,000
462,000 1,333,920

THURSDAY, MARCH 7, 2002

Completion of lodge expansion projects at George T. Bagby and Little Ocmulgee State Parks $900,000
Improvements to Towns Bluff in Jeff Davis County Georgia Ports Authority projects:
Purchase 2 ship-to-shore cranes for Container Berth 8 - $4,100,000
Relocate transmission lines on Container Berth 8 property - $1,200,000
Department of Industry, Trade and Tourism projects: Construct a pedestrian plaza for the Georgia World Congress Center - $3,800,000 Phase IV expansion of the Georgia World Congress Center - $5,000,000 Completion of Albany River Center Project $5,000,000
Department of Labor projects: Upgrade the water pressure at the Warm Springs Institute - $4,905,000 Replace 2 cooling towers at the Warm Springs Institute - $60,000
Jekyll Island Authority projects: Revitalize the historic district - $1,900,000
Governor's Road Improvement Program Acquire right-of-way for a phased implementation of
the Atlanta Multi- Modal Passenger Terminal Department of Juvenile Justice projects:
Construct a mental health unit at Augusta YDC $1,300,000
Construct an education building at Augusta YDC $2,800,000
Construct additional classrooms, record storage and intake area at Savannah RYDC
Expand the academic facility at Metro RYDC Department of Juvenile Justice projects:
Expand and upgrade educational and recreational areas at Paulding RYDC - $840,000
Emergency power back-up systems at various RYDC's and YDC's - $720,000
Repairs and maintenance projects at various RYDC's and YDC's - $2,560,000
Renovations to the Georgia Bureau of Investigation Headquarters Crime Lab

1,200,000 5,300,000
13,800,000
4,965,000
1,900,000 150,000,000
2,575,000 4,100,000
2,500,000 3,800,000 4,120,000
920,000

1573
100,800 445,200
1,159,200
417,060
159,600 12,600,000
216,300 344,400
210,000 319,200 346,080
77,280

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Department of Corrections projects:

192 beds at Bainbridge PSATC Phase II - $150,000

192 beds at Wilkes Detention Center - $425,000

192 beds at Lamar Detention Center - $440,000

96 beds at Emanuel Detention Center expansion

$200,000

Construct a medical building at Coastal State Prison

Various waster water, utility and HVAC projects of

the Department of Corrections

Repairs and renovations at Regional Farmers' Markets

Georgia Building Authority projects:

Modernize the elevators in the Judicial, Health and

State Capitol buildings - $2,000,000

State Capitol restorations - $4,200,000

Replace caulking at LOB and 300 Ponce de Leon

$1,000,000

Correct life safety issues on all buildings

$1,700,000

Deferred maintenance issues - $2,200,000

Remediate, replace and close underground and

above-ground state - owned fuel storage facilities

on state owned property - $2,000,000

Board of Regents, University System of Georgia

county library construction projects:

Berrien County - $830,000

Wheeler County - $1,000,000

Cherokee County - $2,000,000

Railroad rehabilitation

Design for Public Health laboratory in Waycross

Total Twenty Year Projects (New)

$

1,215,000
5,400,000 4,150,000 1,250,000 13,100,000
3,830,000
1,200,000 500,000
502,605,000 $

102,060
453,600 348,600 105,000 1,100,400
321,720
100,800 42,000 42,218,820

B.) Maturities not to exceed sixty months.
Purchase of vocational equipment for new programs and programs housed in new school facilities of the Department of Education
Board of Regents, University System of Georgia projects: Agricultural Sciences Building at Abraham Baldwin Agricultural College - $400,000 Yamacraw Building - $4,090,000
Board of Regents, University System of Georgia projects:

11,790,000 4,490,000
4,890,000

2,664,540 1,014,740
1,105,140

THURSDAY, MARCH 7, 2002

Predesign and design a library addition at Georgia Southern University-$975,000
Predesign and design of a Social Science Building at Kennesaw State University - $1,235,000
Predesign and design of the Student Center at Georgia Perimeter College, Clarkston, Georgia $300,000
Predesign and design of the Campus Loop at Middle Georgia College - $690,000
Predesign and facility study at the Dublin Campus of Middle Georgia College - $800,000
Predesign and design for the Performing and Visual Arts Center at the University of Georgia $400,000
Predesign of the Special Collections Library at the University of Georgia - $240,000
Predesign and design of the Continuing Education Economic Development Center at Dalton State College - $250,000
Purchase equipment for Traditional Industries Various projects for the Georgia Research Alliance Purchase equipment for the following Technical and
Adult Education projects: Atlanta multipurpose building - $615,000 Moultrie campus expansion - $1,450,000 Albany Building H - $650,000 Savannah Occupational Tech Building - $780,000 Central Georgia HR/IT Building - $800,000 Augusta classroom/student services - $780,000 Savannah Liberty County campus - $650,000 East Central Child Development Building
$100,000 Columbus North Building renovation - $155,000 Savannah Phase 3 renovation - $335,000 Southeastern Glennville Campus - $800,000 Albany Randolph County campus - $105,000 Southeastern Allied Health Building - $690,000 Central Georgia Crawford County Workforce
Development Center - $270,000 Griffin multipurpose building - $970,000 Coosa Valley Allied Health Building - $700,000 Swainsboro Technology Building - $320,000 Ogeechee Agribusiness Building - $580,000

1,800,000 19,500,000
32,240,000

1575
406,800 4,407,000 7,286,240

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Coosa Valley Economic Development Building at Polk County campus -$350,000
Valdosta Cook County Center - $150,000 West Central Coweta County Center - $550,000 Moultrie Worth County Center - $120,000 Sandersville Jefferson County Campus - $450,000 Moultrie Allied Health Building in Tift County
$870,000 Central Georgia Adult Education Center
$1,000,000 Replace obsolete equipment - $10,000,000 Additional new equipment - $8,000,000 Georgia Forestry Commission projects: Upgrade a Huey helicopter - $1,855,000 Department of Natural Resources projects: Purchase new exhibits for new museum at Fort
McAllister Historic Site - $140,000 Miscellaneous repairs to 3 North Georgia Lodges
$500,000 Purchase equipment for a multi-purpose educational
building for Georgia Agrirama Development Authority - $175,000 Reroof 6 buildings at Macon YDC Department of Juvenile Justice projects: Reroof 4 buildings at Bill Ireland YDC - $760,000 Design new vocational school at Bill Ireland YDC $180,000 Renovation projects at the Department of Human Resources : Hospitals Atlanta - $3,205,000 Augusta - $1,315,000 Central State - $2,590,000 Gracewood - $1,910,000 Northwest Georgia - $1,375,000 Savannah - $600,000 Southwestern State - Thomasville - $1,925,000 West Central - $1,745,000 Various repair and renovation projects for the Department of Veteran Services Department of Corrections projects: Various renovations and improvements - $3,685,000 Security improvements - $1,635,000 Roofing and paving improvements - $700,000

1,855,000 815,000
540,000 940,000 14,665,000
1,000,000 6,020,000

419,230 184,190
122,040 212,440 3,314,290
226,000 1,360,520

THURSDAY, MARCH 7, 2002

1577

Repairs and renovations to armories and other

facilities of the Department of Defense

Phase II design of the State History Museum

Purchase voting machines for a uniform voting system

Total Five Year Projects (New)

$

2,000,000
1,000,000 54,000,000 157,545,000 $

452,000
226,000 12,204,000 35,605,170

Section 62. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2002

$ 15,914,307,509

Section 63. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 64. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House disagree to the Senate substitute to HB 1001.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1329. By Representative Buck of the 135th:
A BILL to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is

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authorized to participate in the bingo operations thereof; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, so as to increase the amount of money that may be paid to individuals assisting in the conduct of bingo games; to increase the number of organizations in which a person is authorized to participate in the bingo operations thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding bingo, is amended by striking subsection (g) and inserting in its place a new subsection (g) to read as follows:
"(g) No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 $50.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day."
SECTION 2. Said Code section is further amended by striking subsection (i) and inserting in its place a new subsection (i) to read as follows:
"(i) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two all organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 $50.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both all organizations in the same day."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

THURSDAY, MARCH 7, 2002

1579

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen E Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

E 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
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E McBee Y McCall Y McClinton
McKinney Y Millar
Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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 E Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper
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, J Y Williams, R 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.

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.

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JOURNAL OF THE HOUSE

HB 1344. By Representatives Pinholster of the 15th, Childers of the 13th, Westmoreland of the 104th and Walker of the 141st:
A BILL to state a general intent to eliminate the future "sunset" of certain provisions relating to Code Section 43-34-45.1 of the Official Code of Georgia Annotated, the "Georgia Volunteers in Medicine Health Care Act"; to amend an Act amending Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to repeal provisions of such Act which provided for a future repeal or sunset of the "Georgia Volunteers in Medicine Health Care 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 E Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs N 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 Y Cash Y Channell Y Childers Y Coan E Coleman, B

E 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E McBee Y McCall Y McClinton
McKinney Y Millar

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, B Y Smith, C Y Smith, C.W
Smith, L Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague
Teper 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, J

Y Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, MARCH 7, 2002

Y Holland Y Holmes Y Houston Y Howard

Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper

1581
Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Teper of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide 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 that the board of trustees of such retirement system may reduce the amount of certain employee contributions under certain conditions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1582

JOURNAL OF THE HOUSE

SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, is amended by striking in its entirety subsection (c) of Code Section 47-2-110, relating to retirement age, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, and inserting in lieu thereof the following:
"(c)(1) Anything in this chapter to the contrary notwithstanding Except as provided in this subsection, if a member accepts employment with or renders services to any employer after his or her retirement, payment of his or her retirement allowance shall be suspended and no contributions to the retirement system shall be made on account of such service either by that member or his or her employer, provided that, upon termination of such service, all rights shall vest in that member as if he or she had continued his or her option to retire. ; provided, further, that payment of his (2) The retirement allowance of a retired member who accepts employment with or renders services to any employer after his or her retirement shall not be suspended if the employee performs no more than 1,040 hours of service for the employer in any calendar year; provided, further however, that no such employee so employed shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefit available to a state employee in the classified service of the State Merit System of Personnel Administration established by Chapter 20 of Title 45. (3) The retirement benefits of a retired member who retired on a normal service retirement with at least ten years of actual service as an officer or trooper of the Uniform Division of the Department of Public Safety shall not be suspended if he or she accepts full-time or part-time employment with the Department of Public Safety or the Department of Motor Vehicle Safety as a radio operator or a drivers license examiner; provided, however, that this paragraph shall cease to apply on or after July 1, 2007. No such employee so employed shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefit available to a state employee in the classified service of the State Merit System of Personnel Administration established by Chapter 20 of Title 45. No employer or employee contributions to this retirement system shall be paid for or on behalf of any such member. The salary paid to any such person shall be commensurate with the position for which he or she is employed with credit for no more than five years of prior experience."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 47-2-334, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, and inserting in lieu thereof the following:

THURSDAY, MARCH 7, 2002

1583

"(c) From and after July 1, 1990, every member subject to this Code section shall contribute employee membership contributions in the an amount of not less than 1 percent nor greater than 1 1/2 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees; provided, however, that any reduction in such percentage shall be based upon the recommendation of the actuary of the board of trustees, the maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board, and such other factors as the board deems relevant. Of the 1 1/2 percent percentage deducted from the earnable compensation of members, 1 1/4 percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor and the remaining portion shall be credited to the individual accounts of the members in the annuity savings fund. In the event a member is not covered by group term life insurance, the entire 1/2 percent amount deducted from the members earnable compensation shall be credited to the members individual account in the annuity savings fund."
SECTION 3. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen E Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield

E Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix

Y Hudgens Hudson, N
Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster

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

1584
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks
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 E Coleman, B Y Coleman, T Y Collins Y 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 Gardner Y Golick Y Grasse 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 Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey E McBee Y 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 Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay E Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper

Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper
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, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1565. By Representative Byrd of the 170th:
A BILL to amend Code Section 48-7-29 of the Official Code of Georgia Annotated, relating to income tax credits for rural physicians, so as to change the definition of rural physician and rural hospital for purposes of qualifying for such credit; 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

E Cox Y Crawford

Y Hudgens Y Hudson, N

Mueller Y Muntean

Y Smith, B Y Smith, C

Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 E Coleman, B N Coleman, T Y Collins Y Connell Y Cooper

THURSDAY, MARCH 7, 2002

E Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey E McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y O'Neal 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 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 E Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper

1585
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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper
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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Keen of the 174th and Willard of the 44th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Coleman of the 142nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1565.

1586

JOURNAL OF THE HOUSE

HB 1494. By Representatives Ray of the 128th, Royal of the 164th, Purcell of the 147th, Hudson of the 156th, James of the 140th and others:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any such commission's employees and retiring employees and their spouses and dependents; 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 Benfield
Birdsong Y Black Y Boggs 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 Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins

E Cox Y Crawford E Cummings Y Davis E Day Y 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 Gardner Y Golick Y Grasse 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 Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey E McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay E Shanahan Y Shaw Y Sholar
Sims

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper
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, J Y Williams, R Y Wix

Connell Y Cooper

THURSDAY, MARCH 7, 2002

Y Houston Y Howard

Y Morris Y Mosley

Y Sinkfield Y Skipper

1587
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.

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.

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 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

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 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

1588

JOURNAL OF THE HOUSE

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1001 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 House was taken up for consideration and read the third time:

HB 1557. By Representatives Porter of the 143rd, McBee of the 88th, Jamieson of the 22nd, Ashe of the 46th, Stallings of the 100th and others:
A BILL to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment in postsecondary courses, academic credit, and the secondary options grant account, so as to delete provisions for calculating the funds to be requested for the secondary options account and payments to eligible institutions from such account; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

E Cox Y Crawford E Cummings
Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson
Drenner Y Dukes Y Ehrhart Y Epps

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan
Joyce

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas

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 Stanley Y Stanley-Turner

Y Bridges Y Brooks
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 E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

THURSDAY, MARCH 7, 2002

Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey E McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Mosley

Y Randall Y Ray Y Reece Y Reed 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 E Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper

1589
Y Stephens Y Stokes Y Taylor E Teague Y Teper
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, J Y Williams, R 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.

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 1221 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:

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JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1542 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
The Speaker announced the House in recess until 1:30 o'clock this afternoon.

THURSDAY, MARCH 7, 2002 AFTERNOON SESSION

1591

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 1329. By Representatives Golick of the 30th, Lord of the 121st, Harbin of the 113th and Shaw of the 176th:
A RESOLUTION commending the Georgia Association of Insurance Women; and for other purposes.

HR 1330. By Representatives Lanier of the 145th, Rogers of the 20th and Smith of the 19th:
A RESOLUTION expressing regret at the passing of Elmer G. Truelove; and for other purposes.

HR 1331. By Representatives Mobley of the 69th, Porter of the 143rd, Ashe of the 46th, Heckstall of the 55th, Benfield of the 67th and others:
A RESOLUTION commending Agnes Scott College; and for other purposes.

HR 1332. By Representatives Hines of the 38th, Wiles of the 34th and Parsons of the 40th:
A RESOLUTION commending the North Cobb High School "Warrior" Marching Band; and for other purposes.

HR 1333. By Representative Smith of the 91st: A RESOLUTION commending J. Dixon Hays; and for other purposes.

HR 1334. By Representatives Porter of the 143rd, Coleman of the 142nd and Murphy of the 18th:

1592

JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending the City of Dudley on its Centennial; and for other purposes.
HR 1335. By Representatives Manning of the 32nd and Johnson of the 35th: A RESOLUTION commending Reverend Perry Price; and for other purposes.
HR 1336. By Representative Greene of the 158th: A RESOLUTION commending Rebecca Proctor Bowen; and for other purposes.
HR 1337. By Representative Lanier of the 145th: A RESOLUTION expressing sympathy at the passing of John Roger Akins; and for other purposes.
HR 1338. By Representatives Graves of the 125th, Reichert of the 126th, Randall of the 127th, Lucas of the 124th, Birdsong of the 123rd and others: A RESOLUTION commending Alva L. Mayes, Jr., M.D.; and for other purposes.
HR 1339. By Representative Mangham of the 75th: A RESOLUTION expressing regret at the passing of Honorable Randy Poynter; and for other purposes.
HR 1340. By Representative Twiggs of the 8th: A RESOLUTION saluting the business, civic, and community success of H.D. "Dick" Paris of Hiawassee; and for other purposes.

THURSDAY, MARCH 7, 2002

1593

HR 1341. By Representative Purcell of the 147th:
A RESOLUTION commending the Guyton United Methodist Church Men's Bible Class; and for other purposes.

HR 1342. By Representative Greene of the 158th:
A RESOLUTION commending Gerald Von "Jerry" Anderson, Jr.; and for other purposes.

HR 1343. By Representative Holmes of the 53rd:
A RESOLUTION commending Dr. Mack Henry Jones; and for other purposes.

HR 1344. By Representatives Ehrhart of the 36th, Wiles of the 34th, Kaye of the 37th, Parsons of the 40th and Wix of the 33rd:
A RESOLUTION commending and congratulating Patricia A. Gendron; and for other purposes.

HR 1345. By Representatives Ehrhart of the 36th, Wiles of the 34th, Kaye of the 37th, Parsons of the 40th and Wix of the 33rd:
A RESOLUTION commending Ms. Ida Yancey Whitaker; and for other purposes.

HR 1346. By Representatives Teper of the 61st, Watson of the 70th, Henson of the 65th, Jennings of the 63rd, Davis of the 60th and others:
A RESOLUTION commending Thomas O. Black; and for other purposes.

HR 1347. By Representative Rogers of the 20th:
A RESOLUTION recognizing and commending Jan Cooley; and for other purposes.

1594

JOURNAL OF THE HOUSE

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 Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs Bordeaux Y Borders Y Bridges Brooks Y Broome Y Brown Y Buck Buckner Y Bulloch Y Bunn Burkhalter Y Burmeister Y Byrd Callaway Campbell Y Cash Y Channell Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Cooper

E Cox Crawford
Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster
Franklin Y Gardner
Golick Y Grasse
Graves Y Greene Y Hammontree Y Hanner
Harbin E Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin Jackson, B Jackson, L Y James Jamieson Jenkins Y Jennings Y Johnson Jordan Joyce Kaye Y Keen Y Knox Lane Y Lanier Y Lewis Lord Y Lucas Y Lunsford Maddox Y Mangham Manning Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Y Mobley Morris Y Mosley

Mueller Muntean Y O'Neal Y Orrock Parham Y Parrish Y Parsons Pelote Y Pinholster Poag Porter Powell Purcell Ragas Y Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Scheid Y Scott Y Seay E Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Smith, C Smith, C.W
Y Smith, L Y Smith, P E Smith, T Y Smith, V
Smyre Y Snelling
Snow Squires Y Stallings Stanley Stanley-Turner Stephens Y Stokes Taylor E Teague Y Teper Y Tillman Y Turnquest Y Twiggs Unterman Walker, L Walker, R.L Y Watson West Westmoreland Y Wiles Y Wilkinson Willard Y Williams, J Y Williams, R Y Wix Y Yates Y Murphy, Speaker

On the adoption of the Resolutions, the ayes were 107, nays 0. The Resolutions were adopted.

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.

THURSDAY, MARCH 7, 2002

1595

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 1405. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Buck of the 135th and others:
A BILL to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to authorize a salary differential for citizen soldiers who are public officers or employees; and for other purposes.

Pursuant to Rule 134, Representative Smith of the 19th was excused from voting on HB 1405.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd

E Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner

Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Jenkins Y Jennings Y Johnson Jordan Joyce Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes Taylor E Teague Y Teper Y Tillman Turnquest Y Twiggs Unterman Y Walker, L Walker, R.L

1596
Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Sailor Y Sanders Y Scheid Y Scott Y Seay E Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper

Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Hudson of the 120th 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 1289. By Representatives O'Neal of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A BILL to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the powers of the Georgia Aviation Hall of Fame Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black

E Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Jenkins Y Jennings

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter

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 Boggs 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

THURSDAY, MARCH 7, 2002

Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Johnson Jordan Joyce
Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Morris Y Mosley

Y Powell Purcell
Y Ragas Y Randall Y Ray Y Reece
Reed 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 E Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

1597
Y Stallings Stanley Stanley-Turner
Y Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman
Turnquest Y Twiggs
Unterman Y Walker, L
Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y 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.

HR 1143. By Representatives Reece of the 11th, McClinton of the 68th, Bell of the 25th, Channell of the 111th, Hudson of the 120th and others:
A RESOLUTION to encourage members of the Georgia House of Representatives and state agencies and other service agencies involved in health care to promote the use of the Georgia income tax checkoff for contributions to cancer research; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson

E Cox Y Crawford Y Cummings

Y Hudgens Y Hudson, N Y Hudson, S

Y Mueller Y Muntean Y O'Neal

Y Smith, B Y Smith, C Y Smith, C.W

1598
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 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 Gardner Y Golick Y Grasse 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 Hugley Irvin Jackson, B
Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson
Jordan Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

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 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, L Y Smith, P E Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 652. By Representatives Dodson of the 94th, West of the 101st, Hudson of the 156th, Shaw of the 176th, Unterman of the 84th and others:
A BILL to provide for a short title and legislative findings and intent; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain surveys of

THURSDAY, MARCH 7, 2002

1599

licensees and the reporting of licensee data to the Department of Community Health; and for other purposes.

The following Senate substitute was read:

A BILL
To provide for a short title and legislative findings and intent; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain surveys of licensees and the reporting of certain data to academic institutions or other state agencies; to provide for confidentiality of data; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Health Care Work Force Planning Act."
SECTION 2. The General Assembly finds there currently exists a severe health care personnel shortage as evidenced by a 13 percent vacancy rate of registered nurses in Georgia, along with a shortage of almost 1,200 allied health personnel; a decline in enrollment in nursing programs of 20.9 percent from 1995 to 1998; hospital budgets being severely impacted by overtime and temporary agency staff; an increase in chronic illnesses in Georgias aging population contributing to expanded use of health care services; an increase in the average age of registered nurses to approximately 45 years old; a greater need for experienced allied health personnel and nurses in specialty areas to meet the more acute care needs of hospital patients; an expansion of the nursing role into other settings such as home health, managed care, and school nursing; active marketing for and recruitment of U.S. nurses by Canadian hospitals; an increase in the average age of health care teaching faculty; and fewer students pursuing a career in teaching health professional courses. The General Assembly further finds that data exists regarding the number of such personnel currently licensed, the number of educational programs for training such professionals and the enrollment capacity of those programs, and the number of those personnel who are needed to staff adequately the states health care facilities. There is, however, no single entity which has access to the diverse data sources and which can confidentially compile such data into an aggregate and useful format whereby educational, professional, and industrial trends can be evaluated as a basis for recommendations on measures needed to coordinate the supply with the demand for

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JOURNAL OF THE HOUSE

health care providers into comprehensive short-range and long-range health care personnel policies and to take those legislative initiatives to ensure such coordination. As a result, the General Assembly finds that it is necessary to enact a "Health Care Work Force Planning Act."
SECTION 3. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new Code Section 43-1-30 to read as follows:
"43-1-30. (a) Notwithstanding any other law to the contrary, health care related boards engaged in the licensing, certifying, or registering of professionals under Chapter 7A, Chapter 9, Chapter 10A, Chapter 11, Chapter 11A, Chapter 26, Chapter 28, Chapter 30, Chapter 33, Chapter 35, Chapter 39, and Chapter 44 of this title and under Chapter 4 of Title 26 shall upon issuance of license, certification, or registration and thereafter upon renewal of same, or at other times as may be determined by the respective boards, distribute survey questions for the purpose of gathering data related to work force supply and demographics. The data which shall be limited to information on work place and practice settings, current practice by specialty, geographical location, and future practice plans shall be collected by the agency responsible for administration of the professional licensing functions. The failure to complete, return, or complete and return the survey shall not be grounds to withhold licensure, nonrenew, or revoke a license or to otherwise discipline a person licensed by that board. (b) For purposes of this Code section, 'the agency responsible for administration of the professional licensing functions' shall be the Office of Secretary of State for persons licensed, certified, or registered under Chapter 7A, Chapter 9, Chapter 10A, Chapter 11, Chapter 11A, Chapter 26, Chapter 28, Chapter 30, Chapter 33, Chapter 35, Chapter 39, and Chapter 44 of this title and under Chapter 4 of Title 26. (c) The work force and demographic data collected pursuant to subsection (a) of this Code section, along with identifying information required for analysis of the data collected, including social security number, shall be provided by the agency responsible for administration of the professional licensing functions to the University of Georgia Office of Information Technology Outreach Services or other recognized state agency, public academic institution, or other academic institution currently providing such service by written agreement which shall ensure the confidentiality of said data, as well as to authorize the compilation and release of aggregate data for use by and on behalf of the Health Care Work Force Policy Advisory Committee and the state. The information and data shall be used solely for the purpose of analyzing the supply and demand of health care personnel and projecting trends and needs for the states health care work force. (d) A renewal form submitted by a licensee, individual identifying information, and the responses to survey questions provided by any individual licensee shall be considered confidential, may not be presented or utilized in any public forum or setting, and shall be afforded the protections offered in Article 4 of Chapter 18 of Title 50, relating to

THURSDAY, MARCH 7, 2002

1601

inspection of public records. Nothing in this subsection shall limit the ability of the appropriate board to disclose such information pursuant to subsection (k) of Code Section 43-1-2. (e) With regard to the release and use of aggregate data, the Department of Community Health on behalf of the Health Care Work Force Policy Advisory Committee, the University of Georgia Office of Information Technology Outreach Services or other recognized state agency, or public academic institution or other academic institution currently providing such service shall enter into a written agreement or agreements with the appropriate agency responsible for administration of the professional licensing functions to govern the collection, transfer, and safeguarding of such data. The written agreement or agreements shall be structured to protect against any unauthorized release of otherwise confidential information. (f) The Department of Community Health on behalf of and with the Health Care Work Force Policy Advisory Committee may use the data collected and analyzed under this Code section to publish reports using aggregate data regarding:
(1) Educational and employment trends for health professions; (2) Demographic characteristics of the work force; (3) Supply and demand of health professions; (4) Practice patterns and workplace trends for health professions; and (5) Long-term regional, state-wide, and local needs for health care professionals. (g) The functions and purposes outlined in this Code section shall be deemed 'administrative purposes' pursuant to division (a)(11.3)(B)(iii) of Code Section 50-1872."
SECTION 4. This Act shall be automatically repealed December 31, 2007.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Dodson of the 94th moved that the House agree to the Senate substitute to HB 652.

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 Benfield

E Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster

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

1602
Y Birdsong Y Black Y Boggs 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 Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston
Howard

Y Jenkins Y Jennings Y Johnson
Jordan Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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

On the motion, the ayes were 159, nays 0. The motion prevailed.

Y Snow Y Squires Y Stallings
Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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 1256. By Representatives Mobley of the 69th and Benfield of the 67th:
A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for denial of a notary recommission if the applicant engages in false or misleading advertising or the unauthorized practice of law; to provide that notaries who are not licensed to practice law must post notice of this fact; to provide that notaries who are not licensed to practice law are prohibited from rendering any service that constitutes the unauthorized practice of law; and for other purposes.

THURSDAY, MARCH 7, 2002

1603

The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for denial of a notary recommission if the applicant engages in false or misleading advertising or the unauthorized practice of law; to provide that notaries who are not licensed to practice law must post notice of this fact; to provide that notaries who are not licensed to practice law are prohibited from rendering any service that constitutes the unauthorized practice of law; to provide that notaries who are not authorized to practice law may not hold themselves out as legal consultants or experts; to provide that notaries must post a fee schedule at their place of business; to provide for injunctive relief against notaries who violate these provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, is amended by striking in its entirety Code Section 45-17-2.3, relating to grant or denial of a notary commission, and inserting in its place the following:
"45-17-2.3. (a) After an applicant submits to the clerk of superior court of the county the application, endorsements, and declaration of applicant as required in Code Section 4517-2.1, the clerk of superior court shall either grant or deny a commission or recommission as a notary public within ten days following the applicants submission of the necessary documents. (b) The clerk of superior court may in his or her discretion deny a commission or recommission to an applicant based on any of the following grounds:
(1) The applicants criminal history; (2) Revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by this or any other state; or (3) The commission in this or any state of any act enumerated in subsection (a) of Code Section 45-17-15, whether or not criminal penalties or commission suspension or revocation resulted. ; (4) The applicant has knowingly used false or misleading advertising in which the applicant as a notary represents that the applicant has powers, duties, rights, or privileges that the applicant does not possess by law; or (5) The applicant is found by a court of this state or any other state to have engaged in the unauthorized practice of law.

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JOURNAL OF THE HOUSE

(c) Any applicant who is denied a notarial commission or recommission by the clerk of superior court shall upon demand be allowed a hearing and adjudication before the superior court clerk with a right of de novo appeal to the superior court, such appeal to be determined by the court without the intervention of a jury."
SECTION 2. Said title is further amended by striking in its entirety Code Section 45-17-8.2, relating to misrepresentation by notaries public, and inserting in its place the following:
"45-17-8.2. (a) A notary shall not make claims to have or imply he or she has powers, qualifications, rights, or privileges that the office of notary does not authorize, including the powers to counsel on immigration matters and to give legal advice. (b) A notary who is not an attorney licensed to practice law in this state who advertises the persons services as a notary public in English or any other language, by radio, television, signs, pamphlets, newspapers, other written communication, or in any other manner, shall post or otherwise include with the advertisement the notice set forth in this subsection in English and in every other language used for the advertisement. The notice shall be of a conspicuous size, if in writing, and shall state: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF GEORGIA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If the advertisement is made by radio or television, the statement may be modified but must include substantially the same message. (c) A notary who is not an attorney licensed to practice law in this state is prohibited from representing or advertising that the notary is a 'legal consultant' or an expert on legal matters. (d) A notary who is not an attorney licensed to practice law in this state is prohibited from rendering any service that constitutes the unauthorized practice of law. (e) A notary required to comply with the provisions of subsection (b) of this Code section shall prominently post at the notary publics place of business a schedule of fees established by law which a notary may charge. The fee schedule shall be written in English and in any non-English language in which the notary services were solicited and shall contain the notice required in subsection (b) of this Code section, unless the notice is otherwise prominently posted at the notary publics place of business. (f) The Attorney General or prosecuting attorney may seek injunctive relief against any notary public who violates the provisions of this Code section. Nothing in this Code section diminishes the authority of the State Bar of Georgia. (g) A violation of subsection (c) or (d) of this Code section constitutes a deceptive trade practice under Code Section 10-1-427."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 7, 2002

1605

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 N Ashe N Bannister N Barnard N Barnes N Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway Y Campbell Y Cash
Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

E Cox N Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix N Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse N Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hembree
Henson N Hines Y Holland Y Holmes N Houston Y Howard

Y Hudgens Y Hudson, N
Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James N Jamieson N Jenkins Y Jennings N Johnson Y Jordan N Joyce
Kaye N Keen Y Knox Y Lane Y Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Massey Y McBee N McCall
McClinton McKinney Y Millar N Mills Y Mobley Morris N Mosley

N Mueller Y Muntean N O'Neal Y Orrock N Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag N Porter Y Powell Y Purcell Y Ragas Y Randall N Ray N Reece Y Reed Y Reichert Y Rice Y Richardson N Roberts, D Y Roberts, L N Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan N Shaw N Sholar Y Sims
Sinkfield Y Skipper

N Smith, B Y Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor E 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 N Williams, J N Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 114, nays 46.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1606

JOURNAL OF THE HOUSE

HB 1538. By Representatives Skipper of the 137th and Floyd of the 138th:
A BILL to amend Article 11 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to the Southwest Georgia Railroad Excursion Authority, so as to assign the authority to the Department of Natural Resources for administrative purposes only; to change certain provisions regarding books and records; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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

E Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

THURSDAY, MARCH 7, 2002

1607

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 1224. By Representative Childers of the 13th:
A RESOLUTION designating National Nutrition Month in Georgia; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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

E Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar

Y Mueller Muntean
Y O'Neal 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 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, 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J

1608
Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holland Y Holmes Y Houston Y Howard

Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper

Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1112. By Representative Parham of the 122nd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration of motor vehicles; to change certain provisions relating to processing by private persons of applications for registration; to change certain provisions relating to special license plates for members of active reserve components of the United States; and for other purposes.

The following amendment was read and adopted:

Representatives Snelling of the 99th and Parham of the 122nd move to amend HB 1112 by inserting after "bond;" on line 6 of page 1 the following:
"to regulate certain use of motor vehicles or other equipment by certified law enforcement officers employed by the Department of Motor Vehicle Safety;".
By redesignating Section 4 as Section 5.
By inserting between lines 19 and 20 of page 3 the following:
"SECTION 4. Said title is further amended by inserting a new Code section to read as follows:
'40-16-5.1. (a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any certified law enforcement officers employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment.
(b)(1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an approved off-duty job, provided that:

THURSDAY, MARCH 7, 2002

1609

(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the departments mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.'".

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 Benfield Y Birdsong Y Black Y Boggs 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

E Cox Y Crawford
Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell

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
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
Manning Y Massey

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West

1610
Y Cash Y Channell Y Childers
Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

E Heard Heckstall
Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Scheid Y Scott Y Seay Y Shanahan Y Shaw
Sholar Y Sims Y Sinkfield Y Skipper

Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R 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.

HB 1437. By Representative Connell of the 115th:
A BILL to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding grand juries, so as to change the population and census application of certain provisions regarding use of stenographers or recording devices at grand jury proceedings; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding grand juries, so as to remove the population and census application of certain provisions regarding use of stenographers or recording devices at grand jury proceedings; to provide for the duty of the prosecuting attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding grand juries, is amended by striking Code Section 15-12-83, relating to use of stenographers or recording devices at grand jury proceedings, and inserting in its place a new Code Section 15-12-83 to read as follows:

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"15-12-83. (a) This Code section shall apply to all counties of this state which according to the United States decennial census of 1970 or any future such census have a population of 150,000 or more. (b)(a) In any county of this state referred to in subsection (a) of this Code section, a stenographer is authorized to be present and in attendance upon the grand jury while any witness is being examined by the grand jury. Before attending the grand jury, the stenographer shall take the following oath:
'I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God.' (c)(b) The district If the prosecuting attorney of the circuit in which the county is located shall appoint appoints the stenographer and then he or she shall fix the compensation therefor, such compensation to be paid by the county. (d)(c) The stenographer is authorized to take and transcribe the testimony or any part of the testimony of any witness who testifies before the grand jury and to furnish the transcript of testimony to the grand jury or the district prosecuting attorney. The stenographer shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the stenographer while in attendance upon the grand jury. (e)(d) In any county of this state having a population of 200,000 or more according to the United States decennial census of 1970 or any future such census, a recording device may be used in lieu of the stenographer provided for in subsection (a) of this Code section. Any person transcribing testimony from such recording shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the person from the recordings."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield

E Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster

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

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Y Birdsong Y Black Y Boggs 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 Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
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 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 Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Coleman of the 80th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1490. By Representatives Lunsford of the 109th, Westmoreland of the 104th, Walker of the 141st, Ehrhart of the 36th and Jenkins of the 110th:
A BILL to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, so as to provide for additional state compensation for the coroners of certain counties for each state inmate whose sentence of death is carried out in any such county; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, 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 Benfield Y Birdsong Y Black Y Boggs 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

E Cox Y Crawford Y Cummings Y Davis E Day Y 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
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 Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 Y Reed 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 N Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 7. 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 amendment thereto:

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JOURNAL OF THE HOUSE

HB 1249. By Representatives Golick of the 30th, Wiles of the 34th, Johnson of the 35th, Wix of the 33rd, Hines of the 38th and others: A BILL to amend an act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.
The following Senate amendment was read:
Amend HB 1249 by striking line 15 on page 1, which reads as follows: "This Act shall become effective on January 1, 2003.", and inserting in its place the following: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
Representative Golick of the 30th moved that the House agree to the Senate amendment to HB 1249.
On the motion the ayes were 120, nays 0. The motion prevailed.
Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1561 Do Pass

THURSDAY, MARCH 7, 2002
Respectfully submitted, /s/ Ray of the 128th
Chairman

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Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1121 Do Pass, by Substitute HB 1296 Do Pass, by Substitute

HB 1493 Do Pass, by Substitute SB 368 Do Pass, by Substitute

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 961 Do Pass

Respectfully submitted, /s/ Porter of the 143rd
Chairman

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1291 Do Pass, by Substitute HB 1548 Do Pass, by Substitute

HB 1575 Do Pass HB 1604 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 151st
Chairman

Representative Snow of the 2nd District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 987 Do Pass SB 79 Do Pass, as Amended

Respectfully submitted, /s/ Snow of the 2nd
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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1617

HB 38 Do Pass, by Substitute HB 552 Do Pass, by Substitute HB 627 Do Pass

HB 666 Do Pass, by Substitute HB 1345 Do Pass, by Substitute HB 1419 Do Pass

Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 487 Do Pass, by Substitute HB 1218 Do Pass, by Substitute HB 1489 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1587 Do Pass

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Royal of the 164th District, Vice-Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 501 Do Pass HB 547 Do Pass, by Substitute HB 1204 Do Pass HB 1217 Do Pass, by Substitute

HB 1278 Do Pass HB 1444 Do Pass HB 1449 Do Pass HB 1559 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Vice-Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

THURSDAY, MARCH 7, 2002

1619

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 Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Friday, March 8, 2002

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Anderson Ashe Bannister Barnard Bell Benfield Birdsong Black Borders Bridges Brooks Broome Brown Buck Bulloch Burmeister Byrd Callaway Campbell Cash Channell Childers E Coleman, B Coleman, T Collins Connell Cox Crawford Cummings

Davis E Day
Deloach, G E Drenner E Dukes
Ehrhart Epps Everett Floyd Forster Franklin Gardner Golick Graves Greene Hammontree Hanner Harbin Harrell Heard Heckstall Hembree Henson Hines Holland Houston Hudgens Hudson, N Hudson, S

Hugley James Jennings Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lucas Lunsford Maddox Mangham Manning Massey McBee McCall McClinton Millar Mills Mobley Morris Mosley Muntean O'Neal Orrock

Parham Parrish Parsons Pelote Poag Porter Powell Purcell Ragas Randall Ray Reece Reed Reichert Rice Richardson Roberts, D Royal Sanders Scheid Scott Seay Shanahan Shaw Sholar Sims Sinkfield Skipper Smith, C

Smith, C.W. Smith, L Smith, P Smith, T Smith, V Smyre E Snelling Snow Stallings Stanley Stanley-Turner Stephens Stokes Taylor E Teague Teper Tillman Turnquest Twiggs Walker, R.L Watson Westmoreland Wiles Wilkinson Willard Williams, J Williams, R Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Barnes of the 97th, Boggs of the 168th, Bordeaux of the 151st, Buckner of the 95th, Bunn of the 74th, Burkhalter of the 41st, Cooper of the 31st, DeLoach of the 172nd, Dodson of the 94th, Holmes of the 53rd, Irvin of the 45th,

FRIDAY, MARCH 8, 2002

1621

Jackson of the 148th, Jamieson of the 22nd, Roberts of the 162nd, Sailor of the 71st, Smith of the 91st, Squires of the 78th, and West of the 101st.
They wish to be recorded as present.

Prayer was offered by the Reverend David Yarborough, St. Simons Community Church, St. Simons Island, 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 1670. By Representatives Allen of the 117th, Anderson of the 116th and Howard of the 118th:

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JOURNAL OF THE HOUSE

A BILL to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to change the provisions relating to the powers and duties of the mayor and the mayor pro tempore; to provide that the mayor shall not be a member of the commission and shall not have the right to vote on any matter before the commission; to authorize the mayor to veto ordinances, resolutions, and actions of the commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1671. By Representatives Knox of the 28th and Muntean of the 85th:
A BILL to amend an Act providing for the Forsyth County Board of Education, so as to revise the districts for the election of members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1672. By Representatives Knox of the 28th and Muntean of the 85th:
A BILL to amend an Act to create the State Court of Forsyth County, so as to create an additional judge for such court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1673. By Representatives Harrell of the 62nd, Jennings of the 63rd, Stokes of the 92nd and Stephens of the 150th:
A BILL to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to require that the adoption of zoning ordinances or amendments concerning land use around airports shall require certain studies, public hearings, and procedures; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

FRIDAY, MARCH 8, 2002

1623

HB 1674. By Representatives Mills of the 21st, Westmoreland of the 104th, Richardson of the 26th, Coan of the 82nd, Cash of the 108th and others: A BILL to amend Code Section 16-12-141.1 of the Official Code of Georgia Annotated, relating to the unlawful disposal of aborted fetuses, so as to provide for additional criminal penalties; and for other purposes.
3/7/2002 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1674. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Mills District 21
Referred to the Committee on Judiciary.
HB 1675. By Representatives Williams of the 5th and Hammontree of the 4th: A BILL to amend an Act creating the board of commissioners of Whitfield County, so as to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1676. By Representative Sims of the 167th: A BILL to amend an Act creating a board of education of Coffee County, so as to change the compensation of the members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

1624

JOURNAL OF THE HOUSE

HB 1677. By Representatives Gardner of the 47th, Henson of the 65th, Watson of the 70th, Hugley of the 133rd and Harbin of the 113th:
A BILL to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to include behavioral health services in point-of-service options in health benefit plan coverage through a health maintenance organization; and for other purposes.
Referred to the Committee on Insurance.
HB 1678. By Representatives Jamieson of the 22nd and Parrish of the 144th:
A BILL to amend Part 6 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to deposits, safe-deposit agreements, and money received for transmission, so as to change certain provisions regarding third-party claims and disclosure of certain information; to provide for procedures, conditions, and limitations with respect to disclosure of certain records of accounts or other customer accounts; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1679. By Representatives Jamieson of the 22nd and Bridges of the 9th:
A BILL to provide a homestead exemption from City of Baldwin ad valorem taxes for municipal purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that city who are less than 65 years of age and a homestead exemption from City of Baldwin ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over or disabled; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 8, 2002

1625

HB 1680. By Representative Parrish of the 144th:
A BILL to provide that members of the Board of Education of Johnson County shall be elected in nonpartisan elections; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1681. By Representative Parrish of the 144th:
A BILL to amend an Act creating the Board of Commissioners of Emanuel County, so as to change the description of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1682. By Representative Hudson of the 156th:
A BILL to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, so as to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1683. By Representatives Ray of the 128th and James of the 140th:
A BILL to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," so as to provide for membership of such board of commissioners; to provide for the election and terms of office of members; to provide for the description of the districts from which members of such board are elected; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1684. By Representatives Ray of the 128th and James of the 140th:
A BILL to amend an Act entitled "An Act Providing for the Board of Education of Peach County," so as to provide for membership of such board; to provide for the election and terms of office of members; to provide for the description of the districts from which members of such board are elected; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1685. By Representative Ray of the 128th:
A BILL to amend an Act reconstituting the Board of Education of Crawford County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1686. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Commissioners of Early County, so as to reapportion the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1687. By Representative Broome of the 160th:
A BILL to amend an Act reconstituting the Board of Education of Early County, so as to redistrict the Board of Education of Early County; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 8, 2002

1627

HB 1688. By Representatives Connell of the 115th, Anderson of the 116th, Allen of the 117th and Howard of the 118th:
A BILL to amend an Act regulating public instruction for the County of Richmond, so as to reapportion the districts for election of members of the board of education; to provide for elections pursuant to such reapportionment of districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1689. By Representatives Connell of the 115th, Anderson of the 116th, Allen of the 117th and Howard of the 118th:
A BILL to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to reapportion the districts for election of members of the Augusta-Richmond County Commission; to provide for elections pursuant to such reapportionment of districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1690. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of such city by annexing certain territory in Colquitt County into such city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1691. By Representative Lanier of the 145th:
A BILL to amend an Act creating a new board of education of Jenkins County, so as to revise the districts for the election of members of the board of education; and for other purpose.

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JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1692. By Representative Lanier of the 145th:
A BILL to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1693. By Representatives Shaw of the 176th and Dodson of the 94th:
A BILL to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, so as to include towing and storage costs in the losses for which an insurer must pay to a third party on behalf of an insured under a motor vehicle or automobile liability insurance policy; and for other purposes.

Referred to the Committee on Insurance.

HB 1694. By Representatives Walker of the 141st, Floyd of the 138th, O'Neal of the 139th and Ray of the 128th:
A BILL to amend an Act reconstituting the Board of Education of Houston County, so as to redistrict the Board of Education of Houston County; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1695. By Representative Bannister of the 77th:
A BILL to provide for insurance, registration, titling, and operation of offroad vehicles operated on certain highways; to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, so as to redefine a term; to amend Title

FRIDAY, MARCH 8, 2002

1629

40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1696. By Representatives Knox of the 28th and Muntean of the 85th:
A BILL to amend an Act creating a board of commissioners of Forsyth County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1697. By Representatives Hudson of the 156th, Holland of the 157th and Scott of the 165th:
A BILL to amend an Act creating the Board of Commissioners of Tift County, so as to change the composition of commissioner districts from which members of the board are elected; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1700. By Representative Smith of the 91st:
A BILL to amend an Act relating to the Board of Education of Newton County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1701. By Representative Coleman of the 142nd:
A BILL to provide a new charter for the City of Eastman; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1702. By Representatives Teper of the 61st, Skipper of the 137th, Ashe of the 46th, Gardner of the 47th, Walker of the 141st and others:
A BILL to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relating to alcohol, so as to provide that the owner or operator of a parking lot or facility located within 500 feet of an establishment which sells alcohol for consumption on the premises may not tow or immobilize or cause to be towed or immobilized a vehicle left on the lot between midnight and noon; and for other purposes.

3/8/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1702. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Teper District 61

Referred to the Committee on Regulated Beverages.

HB 1703. By Representative Smith of the 91st:
A BILL to amend an Act creating a board of commissioners of Newton County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 8, 2002

1631

HB 1704. By Representatives Smith of the 102nd, Roberts of the 132nd, Hugley of the 133rd, Williams of the 5th and Westmoreland of the 104th:
A BILL to amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to sick and personal leave for public officers and employees, so as to provide for restoration of certain forfeited sick leave after return to service for two consecutive years; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1705. By Representative Hudson of the 120th:
A BILL to amend an Act reconstituting the Board of Education of Warren County, so as to revise the districts for the election of members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1706. By Representative Skipper of the 137th:
A BILL to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the determination of location of a retail package store licensed by municipal or county governing authorities, so as to authorize local governing authorities to waive a certain restriction under certain conditions; and for other purposes.
3/7/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1706. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Skipper District 137

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JOURNAL OF THE HOUSE

Referred to the Committee on Regulated Beverages.
HB 1707. By Representatives Dean of the 48th, Wilkinson of the 43rd, Sinkfield of the 57th, Stanley of the 49th, Stanley of the 50th and others: A BILL to amend an Act providing for the consolidation of the offices of tax receiver of Fulton County and tax collector of Fulton County into the office of tax commissioner of Fulton County, so as to provide for the election of the tax commissioner of Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 1328. By Representatives Sims of the 167th, Porter of the 143rd, Walker of the 141st, Skipper of the 137th, Lane of the 146th and others: A RESOLUTION creating the House Collegiate Athletic Association Disciplinary Study Committee; and for other purposes.
Referred to the Committee on Rules.
HR 1348. By Representative Sims of the 167th: A RESOLUTION designating the DeWayne King, USMC, Memorial Bridge and designating U.S. 441 in the unincorporated areas of Coffee County as the Max Lockwood Highway; and for other purposes.
3/7/2002 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1348. This notice is made prior to or upon reading the Bill the first time.

FRIDAY, MARCH 8, 2002
/s/ Representative Sims District 167

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Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1642 HB 1643 HB 1644 HB 1645 HB 1646 HB 1647 HB 1648 HB 1649 HB 1650 HB 1651 HB 1652 HB 1655 HB 1656 HB 1657 HB 1658 HB 1659 HB 1660 HB 1661 HB 1662 HB 1663

HB 1664 HB 1665 HB 1666 HB 1667 HB 1668 HB 1669 HB 1698 HB 1699 HR 1319 HR 1320 HR 1321 HR 1322 HR 1323 HR 1324 HR 1325 HR 1326 HR 1327 SB 471 SB 497

Pursuant to Rule 52, Representative Rogers of the 20th moved that the following Resolution of the House be engrossed:

HR 1319. By Representative Rogers of the 20th:
A RESOLUTION designating the "Ronnie Green Parkway"; and for other purposes.

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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 Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1267 Do Pass HB 1333 Do Pass HB 1485 Do Pass HB 1569 Do Pass, by Substitute HB 1570 Do Pass, by Substitute HB 1623 Do Pass HB 1626 Do Pass HB 1629 Do Pass HB 1631 Do Pass HB 1632 Do Pass HB 1635 Do Pass, by Substitute HB 1636 Do Pass HB 1638 Do Pass

HB 1639 Do Pass HB 1640 Do Pass HB 1641 Do Pass HB 1653 Do Pass HB 1654 Do Pass SB 142 Do Pass, by Substitute SB 144 Do Pass, by Substitute SB 429 Do Pass SB 430 Do Pass SB 431 Do Pass SB 502 Do Pass SB 503 Do Pass SR 608 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1515 Do Pass

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Respectfully submitted, /s/ Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 8, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

HB 719 HB 878 HB 1284 HB 1406 HB 1407 HB 1413 HB 1418 HB 1519 HB 1525 HR 1111

Veterinary medicine; substantial revision; State Board; provisions Business and occupation taxes; excessive regulatory fees; remedies Developmental highway system; change description of road corridors Waste management; hazardous sites; amend provisions State government; administer federal faith-based programs Personal care homes; employment applicants; criminal records checks Sales tax; exempt sales to certain local government authorities Hotel-motel tax; levy provisions; certain counties and municipalities Local bills; enactment requirements; effective dates Hazardous waste sites; redevelopment; separate class of property - CA

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

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HB 1267. By Representatives Stanley of the 50th, Stanley of the 49th, Holmes of the 53rd, McKinney of the 51st, Sinkfield of the 57th and others:
A BILL to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that city who are 65 years of age or older and whose annual household income does not exceed $39,000.00; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1333. By Representatives Snow of the 2nd and Joyce of the 1st:
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 repeal Code Section 36-5-23, relating to salary of county commissioner in counties having a population of not less than 56,400 or more than 60,000; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1485. By Representative Massey of the 86th:
A BILL to provide for a homestead exemption from certain Barrow 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 such homestead; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1569. By Representative Hudson of the 156th:
A BILL to amend an Act creating a Board of Commissioners of Ben Hill County, so as to change the description of commissioner districts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3753), so as to change the description of commissioner districts; to provide for the completion of terms of office; to continue staggered terms of office; to provide for certain submissions; to provide effective dates; 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 Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3753), is amended by striking subsections (a), (b), and (f) of Section 1 and inserting in lieu thereof the following:
"(a) Those members of the Board of Commissioners of Ben Hill County who are serving as such on December 31, 2001, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2003, the Board of Commissioners of Ben Hill County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (b) of this section. (b) For the purposes of electing members of the board of commissioners, Ben Hill County is divided into three commissioner districts, each of which shall consist of the territory within the following bounds:
Commissioner District No. 1: All that portion of Ben Hill County, Georgia, lying East of a line described as beginning at the intersection of the line dividing Ben Hill and Irwin Counties and the right-of-way of U. S. Highway 129, thence running in a Northerly direction along the right-of-way of U. S. Highway 129 to its intersection with the right-of-way of the mainline of CSX Railroad in the City of Fitzgerald, Georgia; thence running West along the right-of-way of the CSX Railroad to the intersection thereof with Redwood Road; thence running North along the right-of-way

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of Redwood Road to its intersection with the right-of-way of Lower Rebecca Road; thence running East along the right-of-way of Lower Rebecca Road to its intersection with the right-of-way of North Merrimac Drive; thence South along the right-of-way of North Merrimac Drive to the right-of-way of West Sultana Drive in the City of Fitzgerald, Georgia, thence running East along the right-of-way line of West Sultana Drive to the right right-of-way of U. S. Highway 129; thence running North along the right-of-way of U. S. Highway 129 to its intersection with the right-of-way of Bush Avenue; thence South along the right-of-way of Bush Avenue to its intersection with the North line of Golden Acres Subdivision (which is also the city limits line of the City of Fitzgerald); thence East along the North line of Golden Acres Subdivision to the Northeast corner of said subdivision; thence South along the East line of Golden Acres Subdivision (which is also the city limits line of the City of Fitzgerald) to its intersection with the North line of Middlebrook Subdivision; thence East along the North line of Middlebrook Subdivision and the extension of said North line (which is also the city limits line of the City of Fitzgerald) to its intersection with Jefferson Street; thence South along the right-of-way of Jefferson Street to the intersection thereof with Snowden Road; thence running East along the right-of-way of Snowden Road (SR-173) approximately 1 1/2 miles to the Eastern end of Snowden Road; thence running North along Snowden Road to its intersection with Delta Road (Co. Rd. 26); thence running East along the right-of-way of Delta Road (Co. Rd. 26) to its intersection with the right-of-way of Camp Brooklyn Road (Co. Rd. 11); thence running in a Northerly direction along the right-of-way of Camp Brooklyn Road (Co. Rd. 11) to its intersection with the right-of-way of Lulaville Road (Co. Rd. 199); thence running West along the right-of-way of Lulaville Road (Co. Rd. 199) to the right-of-way of U. S. Highway 129; thence running North along the right-of-way of U. S. Highway 129 to its intersection with the Northern County Line of Ben Hill County. Commissioner District No. 2: This district shall constitute all the territory of Ben Hill County, Georgia, and shall be an at-large district. Commissioner District No. 3: All that portion of Ben Hill County, Georgia, lying West of a line described as beginning at the intersection of the line dividing Ben Hill and Irwin Counties and the right-of-way of U. S. Highway 129; thence running in a Northerly direction along the right-of-way of U. S. Highway 129 to the intersection with the right-of-way of the CSX Railroad in the City of Fitzgerald, Georgia; thence running West along the right-of-way of the CSX Railroad to the intersection thereof with Redwood Road; thence running North along the right-of-way of Redwood Road to its intersection with the right-of-way of Lower Rebecca Road; thence running East along the right-of-way of Lower Rebecca Road to its intersection with the right-ofway of North Merrimac Drive; thence South along the right-of-way of North Merrimac Drive to the right-of-way of West Sultana Drive in the City of Fitzgerald, Georgia, thence running East along the right-of-way line of West Sultana Drive to the right right-of-way of U. S. Highway 129; thence running North along the right-of-way of U. S. Highway 129 to its intersection with the right-of-way of Bush Avenue; thence

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South along the right-of-way of Bush Avenue to its intersection with the North line of Golden Acres Subdivision (which is also the city limits line of the City of Fitzgerald); thence East along the North line of Golden Acres Subdivision to the Northeast corner of said subdivision; thence South along the East line of Golden Acres Subdivision (which is also the city limits line of the City of Fitzgerald) to its intersection with the North line of Middlebrook Subdivision; thence East along the North line of Middlebrook Subdivision and the extension of said North line (which is also the city limits line of the City of Fitzgerald) to its intersection with Jefferson Street; thence South along the right-of-way of Jefferson Street to the intersection thereof with Snowden Road; thence running East along the right-of-way of Snowden Road (SR173) approximately 1 1/2 miles to the Eastern end of Snowden Road; thence running North along Snowden Road to its intersection with Delta Road (Co. Rd. 26); thence running East along the right-of-way of Delta Road (Co. Rd. 26) to its intersection with the right-of-way of Camp Brooklyn Road (Co. Rd. 11); thence running in a Northerly direction along the right-of-way of Camp Brooklyn Road (Co. Rd. 11) to its intersection with the right-of-way of Lulaville Road (Co. Rd. 199); thence running West along the right-of-way of Lulaville Road (Co. Rd. 199) to the right-of-way of U. S. Highway 129; thence running North along the right-of-way of U. S. Highway 129 to its intersection with the Northern County Line of Ben Hill County. (b.1) Commissioner Districts 1 and 3, as they exist on December 31, 2001, shall continue to be designated as Commissioner Districts 1 and 3, respectively, but as newly described in this Act, and on and after January 1, 2003, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described by this Act." "(f) At the November general election in 2002, members shall be elected to represent Post 2 of District 1 and Post 1 of District 3 for terms of office of four years beginning on January 1, 2003, and until their respective successors are elected and qualified. At the November general election in 2004, members shall be elected to represent Post 1 of District 1, District 2, and Post 2 of District 3 for terms of office of four years beginning on January 1, 2005, and until their respective successors are elected and qualified."
SECTION 2. It shall be the duty of the attorney of the Board of Commissioners of Ben Hill County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Ben Hill County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

HB 1570. By Representative Hudson of the 156th:
A BILL to amend an Act providing for the composition of the Board of Education of Ben Hill County, so as to change the description of the electoral districts of board members; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the composition of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3728), so as to change the description of the electoral districts of board members; to clarify that elections and terms under the changed districts shall remain the same as under these districts as formerly described; to provide for the completion of terms of office; to repeal obsolete provisions; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the composition of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3728), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"SECTION 2. (a) For the purpose of electing the members of the Board of Education of the Ben Hill County Public School System, Ben Hill County shall be divided into seven education districts described by the following boundaries:

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EDUCATION DISTRICT 1 Commencing at the intersection of Grant Street and Central Avenue in the City of Fitzgerald, Ben Hill County, Georgia, and running thence in an easterly direction along East Central Avenue to its intersection with Monitor Drive; thence continuing in a generally easterly direction along the Jacksonville Highway to its intersection with Eastside Church Road; thence running in a northerly, then westerly, then northerly direction along Eastside Church Road to its intersection with Snowden Road; thence easterly and then northerly along Snowden Road to its intersection with Delta Road; thence continuing in a northerly direction along Elijay Road, also known as County Road 173, to its intersection with Platte Road, also known as County Road 174; thence in a generally westerly direction along said Platte Road, also known as County Road 174, to its intersection with Rhine Road; thence generally northerly along Rhine Road to its intersection with Joshlyn Road; thence in a generally westerly direction along Joshlyn Road to the Bowens Mill Highway, also known as U.S. Highway 129; thence generally southerly along the southbound lane or lanes of said Bowens Mill Highway, also known as U.S. Highway 129, to its intersection with Sultana Drive; thence continuing in a generally southerly direction along U.S. Highway 129, the same also being North Grant Street, to the point and place of beginning.
EDUCATION DISTRICT 2 Commencing at the intersection of East Palm Street and South Grant Street in the City of Fitzgerald, Ben Hill County, Georgia, and from said point thence northerly along South Grant Street and continuing along North Grant Street to the intersection of North Grant Street and Sultana Drive; thence westerly along West Sultana Drive to its intersection with Merrimac Drive; thence southerly along North Merrimac Drive to its intersection with Washington Avenue; thence in a westerly direction along Washington Avenue and continuing past its intersection with Traylor Avenue to a point where the south side of the right of way of Washington Avenue is intersected by the corporate limits of the City of Fitzgerald; thence southerly, westerly, and northerly along the corporate limits of the City of Fitzgerald until the said corporate limits again intersect the south right of way of Washington Avenue; thence westerly along Washington Avenue and the corporate limits of the City of Fitzgerald to the intersection of Washington Avenue and Redbud Road; thence continuing in a westerly and then southerly direction along Redbud Road to the point where the same is intersected by the Ten Mile Road, formerly known as State Route 107; thence easterly along the Ten Mile Road, also formerly known as State Route 107, to its intersection with Snowden Lane; thence southerly along Snowden Lane to its intersection with the Irwinville Highway; thence easterly along the Irwinville Highway to its intersection with Merrimac Drive; thence southerly along South Merrimac Drive to its intersection with West Orange Street; thence easterly along West Orange Street to its intersection with South Bragg Street; thence northerly along South Bragg Street to its intersection with West Palm Street; thence

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easterly along West Palm Street to South Main Street and then continuing along East Palm Street to its intersection with South Grant Street, the point and place of beginning.
EDUCATION DISTRICT 3 Commencing at the point where Ed Ward Road in Ben Hill County, Georgia, is intersected by the right of way of CSX Transportation Railroad; thence northerly along the right of way of said CSX Transportation Railroad to the point where the same is intersected by the Ocilla Highway, also known as U.S. Highway 129; thence northerly along the southbound lanes of U.S. Highway 129 to the point where the same is intersected by Roanoke Drive in said City; thence continuing northerly along U.S. Highway 129, also known as South Grant Street, to its intersection with East Palm Street; thence westerly along East Palm Street to South Main Street; thence continuing westerly along West Palm Street to its intersection with South Bragg Street; thence southerly along South Bragg Street to its intersection with West Orange Street; thence westerly along West Orange Street to its intersection with South Merrimac Drive; thence northerly along South Merrimac Drive to its intersection with the Irwinville Highway, also known as State Route 125; thence generally westerly and southwesterly along the said Irwinville Highway, also known as State Route 125, to the point where the same is intersected by the Ben Hill County line; thence easterly along the Ben Hill County line to the point where Airport Road and the Ben Hill County line coincide; thence easterly along Airport Road to its intersection with Perry House Road; thence continuing easterly along the Ed Ward Road to its intersection with the right of way of CSX Transportation Railroad, the point and place of beginning.
EDUCATION DISTRICT 4 Commencing at the point where the Ocilla Highway, also known as U.S. Highway 129, is intersected by the Ben Hill County-Irwin County line, and thence in a generally northerly direction along said Ocilla Highway, also known as U.S. Highway 129 to the point where the same is intersected by Swan Road; thence east northeasterly along Swan Road to its intersection with Frank Road; thence southeasterly along Frank Road to its intersection with Pine Level Church Road; thence easterly and northeasterly along Pine Level Church Road to its intersection with the right of way of the CSX Transportation Railroad; thence in a northwesterly direction along the right of way of the CSX Transportation Railroad to the point where the same is intersected by the Anderson Memorial Church Road; thence northerly along the Anderson Memorial Church Road to its intersection by the Jacksonville Highway also known as U.S. Highway 319; thence westerly along the said Jacksonville Highway, also known as U.S. Highway 319, to its intersection with Rhine Road and Benjamin H. Hill Drive; thence continuing in a westerly direction along the said Jacksonville Highway and former Highway U.S. 319 to the point where the same becomes East Central Avenue in the City of Fitzgerald, Ben

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Hill County, Georgia; thence westerly along East Central Avenue to its intersection with Grant Street, the same also being U.S. Highway 129; thence southerly along South Grant Street and U.S. Highway 129 to the point where South Grant Street becomes the Ocilla Highway; thence continuing along the said Ocilla Highway and the southbound lanes of U.S. Highway 129 to the point where the same is intersected by the right of way of the CSX Transportation Railroad; thence southerly along the right of way of the said CSX Transportation Railroad to the point where the same is intersected by the Ed Ward Road; thence westerly along the Ed Ward Road to its intersection with Perry House Road; thence continuing westerly along Airport Road to the point where said roadway is bounded on the south by the Ben Hill County-Irwin County line; thence southerly and then easterly along the Ben Hill County-Irwin County line to the point and place of beginning.
EDUCATION DISTRICT 5 Commencing at the point where the Ocilla Highway, also known as U.S. Highway 129, is intersected by the Ben Hill County-Irwin County line and running thence along the Ben Hill County line in a counter clockwise direction from said point of beginning to the point where the Ben Hill County line intersects the Ocmulgee River; thence continuing in a generally northwesterly direction along the Ben Hill County line and the said Ocmulgee River to the point where Otter Creek runs into the Ocmulgee River; thence in a generally southwesterly direction along the run of Otter Creek to the point where Otter Creek is crossed by State Route 182, also known as the River Road; thence in a generally southeasterly direction along River Road to the point where the said River Road is intersected by the Camp Brooklyn Road; thence generally southerly along the Camp Brooklyn Road to the point where the same is intersected by the Lulaville Road; thence in a generally westerly direction along the Lulaville Road to the point where the same is intersected by State Route 11, also known as U.S. Highway 129, and also known as the Bowens Mill Highway; thence generally southerly along the said State Route 11, the same also being known as the Bowens Mill Highway and U.S. Highway 129, to the point where the same is intersected by Joshlyn Road; thence in a generally easterly direction along Joshlyn Road to the point where the same is intersected by Rhine Road; thence in a generally southerly direction along Rhine Road to the point where the same is intersected by Platte Road, also known as County Road 174; thence in a generally easterly direction along the said Platte Road, also known as County Road 174, to the point where the same is intersected by Elijay Road; thence generally southerly along Elijay Road to its intersection with Delta Road; thence continuing in a generally southerly direction along Snowden Road and then westerly along Snowden Road to the point where the same is intersected by the Eastside Church Road; thence generally southerly, easterly, and southerly along the Eastside Church Road to the point where the same is intersected by U.S. Highway 319, also known as the Jacksonville Highway; thence continuing southerly from said point along the Anderson Memorial Church Road to the point where the same is intersected by the

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right of way line of the CSX Transportation Railroad; thence in a generally southeasterly direction along the right of way of the CSX Transportation Railroad to the point where the same is intersected by the Pine Level Church Road; thence in a generally southwesterly direction along the Pine Level Church Road to the point where the same is intersected by the Frank Road; thence in a generally northwesterly direction along the Frank Road to the point where the same is intersected by the Swan Road; thence in a west southwesterly direction along Swan Road to the point where the same is intersected by the Ocilla Highway, also know as U.S. Highway 129 and State Route 11; thence in a generally southerly direction along said Ocilla Highway, also know as U.S. Highway 129 and State Route 11, to the Ben Hill County-Irwin County line, the point and place of beginning.
EDUCATION DISTRICT 6 Commencing at the point where Sultana Drive is intersected by North Grant Street and the Bowens Mill Highway, also known as U.S. Highway 129 and State Route 11; thence in a generally northerly direction along the southbound lanes of said Bowens Mill Highway also known as U.S. Highway 129 and State Route 11 and thence continuing along the said Bowens Mill Highway, also known as U.S. Highway 129 and State Route 11, in a generally northerly direction to the point where the same is intersected by Industrial Drive; thence in a generally westerly direction along Industrial Drive which becomes the Lower Rebecca Road to the point where the said Lower Rebecca Road is intersected by the run of Willachoochee Creek; thence in a generally southerly direction along the run of Willachoochee Creek to the point where the same is intersected by the right of way line of the CSX Transportation Railroad; thence in a generally southeasterly direction along the right of way line of the said CSX Transportation Railroad to the point where the same is intersected by Lilac Road; thence in generally southerly direction and a generally easterly direction along Lilac Road to its intersection with Washington Avenue; thence in a generally southeasterly direction along Washington Avenue to the point where the same is intersected by Redbud Road; thence continuing in an easterly direction along Washington Avenue and the corporate limits of the City of Fitzgerald to the point where the corporate limits of the City of Fitzgerald turn in a southerly direction from the right of way of Washington Avenue; thence southerly, then easterly, then northerly along the corporate limts of the City of Fitzgerald to the point where the said corporate limits again intersect Washington Avenue; thence in a generally easterly direction along Washington Avenue to its intersection with North Merrimac Drive; thence northerly along North Merrimac Drive to its intersection with West Sultana Drive; thence easterly along West Sultana Drive to its intersection with North Grant Street and the southbound lanes of the Bowens Mill Highway also known as U.S. Highway 129 and State Route 11, the same being the point and place of beginning.

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EDUCATION DISTRICT 7 Beginning at the point where Industrial Drive and Joshlyn Road intersect U.S. Highway 129, also know as the Bowens Mill Highway and State Route 11, and thence in a generally northerly direction along said Bowens Mill Highway, also known as State Route 11 and U.S. Highway 129, to the point where the same is intersected by the Lulaville Road; thence in a generally easterly direction along the Lulaville Road to the point where the same is intersected by the Camp Brooklyn Road; thence in a generally northerly direction along the Camp Brooklyn Road to the point where the same is intersected by the River Road, also known as State Route 182; thence in generally northwesterly direction along the said River Road, also known as State Route 182, to the run of Otter Creek; thence in a generally northeasterly direction along the run of Otter Creek to the Ocmulgee River, which is also the Ben Hill County line; thence continuing in a counter clockwise direction also the Ben Hill County line to the point where the same is intersected by State Route 125, also known as the Irwinville Highway; thence in a generally northeasterly direction along State Route 125, also known as the Irwinville Highway, to the point where the same is intersected by Snowden Lane; thence in a generally northerly direction along Snowden Lane to the point where the same is intersected by the Ten Mile Road; thence in a generally westerly direction to the point where the Ten Mile Road is intersected by Redbud Road; thence continuing in a northerly and then in a westerly direction along Redbud Road to the point where the same is intersected by Washington Avenue; thence in a generally northwesterly direction along Washington Avenue to the point where the same is intersected by Lilac Road; thence in a westerly and northerly direction along Lilac Road to the point where the same is intersected by the right of way line of the CSX Transportation Railroad; thence in a generally northwesterly direction along the right of way line of the said CSX Transportation Railroad to the point where the same is intersected by the run of Willacoochee Creek; thence in a generally northerly and northwesterly direction along the run of Willacoochee Creek to the point where the same is intersected by the Lower Rebecca Road; thence in a generally easterly direction along the Lower Rebecca Road and continuing in a generally easterly direction along Industrial Drive, the said Lower Rebecca Road becoming Industrial Drive, to the point where Industrial Drive is intersected by the Bowens Mill Highway, also known as State Route 11 and U.S. Highway 129, said point being the point and place of beginning.
(b) Whenever the description of any district refers to a named city, it means the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Any portion of the Ben Hill County School District which is not included in an education district described in this section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 2000 for the State of Georgia.

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(d) Any portion of the Ben Hill County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (e) Notwithstanding those changes in descriptions of education districts which become effective under subsection (a) of this section at the same time this subsection becomes effective, the terms and elections of the members of the Board of Education of Ben Hill County shall not be changed but shall remain as follows:
(1) Those members representing Education Districts 1, 2, 3, and 7 as described under the immediately prior provisions of subsection (a) of this section shall continue to serve and represent those districts, respectively, but on the effective date of this Act, those members shall represent their districts as newly described in subsection (a) of this section. They shall serve out the terms to which elected, which shall expire December 31, 2002, and until the election and qualification of their respective successors. The successors to those members representing Education Districts 1, 2, 3, and 7, but as newly described in subsection (a) of this section, shall be elected at the 2002 general election and shall take office January 1, 2003, for terms of four years and until the election and qualification of their respective successors; (2) Those members representing Education Districts 4, 5, and 6 under the immediately prior provisions of subsection (a) of this section shall continue to represent those respective districts, but on the effective date of this Act, those members shall represent their districts as newly described in subsection (a) of this section. They shall serve out the terms to which elected, which shall expire December 31, 2004, and until the election and qualification of their respective successors. The successors to those members representing newly described Education Districts 4, 5, and 6 under subsection (a) of this section shall be elected at the 2004 general election and shall take office January 1, 2005, for terms of four years and until the election and qualification of their respective successors; and (3) Successors to those persons elected pursuant to paragraphs (1) and (2) of this subsection shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until the election and qualification of their respective successors."
SECTION 2. Said Act is further amended by striking Section 3 and inserting in lieu thereof the following:

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"SECTION 3. All members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A."
SECTION 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Ben Hill County to submit this Act to the United States Attorney General for approval.
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

HB 1623. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and Yates of the 106th:
A BILL to amend an Act providing for the composition of the Board of Education of Coweta County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1626. By Representative Hugley of the 133rd:
A BILL to amend an Act relating to the board of commissioners of Talbot County, so as to repeal certain provisions relating to filling of vacancies; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1629. By Representatives Cash of the 108th, Lunsford of the 109th and Sanders of the 107th:
A BILL to provide for the filling of vacancies in the office of sheriff of Henry County; to provide for a chief deputy sheriff and deputy sheriffs and the powers, duties, service, and compensation thereof; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1631. By Representative O'Neal of the 139th:
A BILL to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1632. By Representative Amerson of the 7th:
A BILL to amend an Act incorporating the City of Morganton, so as to change the number of members of the city council; to change the provisions relating to the election of the mayor and councilmembers; to change the provisions relating to vacancies; and for other purposes
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1635. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Commissioners of Decatur County, so as to reapportion the commissioner districts; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4426), so as to reapportion the commissioner districts; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; 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. An Act creating the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4426), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: "SECTION 1.
(a) There is established in Decatur County a board of commissioners which shall be the governing authority of said county. The board shall be composed of seven members as provided in this Act. For the purpose of electing members of the board, other than the chairperson, Decatur County is divided into six commission districts as follows:
COMMISSION DISTRICT NO. 1 Commence on the East side of State Route 302 at its intersection with the Florida State Line, and thence run East along the Florida State Line to the East Decatur County Line; thence run North along the East Decatur County Line to the South side of Bell Dixon Road; thence run West along the South side of the Bell Dixon Road to its intersection with the East side of Fewell Road; thence run in a Southwesterly direction along the East side of Fewell Road to its intersection with the East side of State Route 262; thence run in a Southwesterly direction along the South side of State Route 262 (Antioch Church Road) to the intersection of the South side of Lake Douglas Road; thence run in a Northwesterly direction along the South side of Lake Douglas Road to the South side of Cedar Grove Road; thence run along the South side of Cedar Grove Road to the East side of Woodhull Road; and thence run in a Northerly direction along the East side of Woodhull Road to Georgia Power Company transmission line right-of-way; thence run along the South side of Georgia Power Company transmission right-of-way line to the West side of Seaboard Coastline Railroad right-of-way; thence run in a Northerly direction along the West right-ofway of the Seaboard Coastline Railroad right-of-way to its intersection with Four

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Mile Creek; thence meandering along Four Mile Creek in a Northwesterly direction to its intersection with the West side of Fowlstown Road; thence run North along the West side of Fowlstown Road to the South side of Country Club Road; thence run West along the South side of Country Club Road to the West side of State Route 97 (Faceville Highway); thence run South along the West side of Faceville Road to the South side of Hand Road; thence run West along the South side of Hand Road to its intersection with Four Mile Creek; thence meandering along Four Mile Creek in a Southwesterly direction to its intersection with Flint River; thence meandering along the East side of Flint River in a Southerly direction to its intersection with Dry Creek; thence meandering along Dry Creek in a Northeasterly direction to its beginning and then following the extension of said line in an Easterly direction to its intersection with the East side of State Route 97 (just South of Southland Road); thence run in a Southerly direction along the East side of Highway 97 to its intersection with Highway 302; thence run in a Southerly direction along the East side of Highway 302 to the Florida line and the point of beginning.
COMMISSION DISTRICT NO. 2 Commence on the South side of County Line Road at its intersection with the East Decatur County Line and thence run West along the South side of the County Line Road to its intersection with the East side of Flint River; thence meandering along the East side of Flint River in a Southwesterly direction to its intersection with the North side of Big Slough Landing; thence run in a Northeasterly direction along the North side of Big Slough Landing to the East side of East River Road; thence run South along the East side of East River Road to the intersection with the North side of Forrest Lane; thence run East along the North side of Forrest Lane to its intersection with Cumberland Court; thence run along Cumberland Court to its intersection with the city limits of the City of Bainbridge; thence run along the city limits of the City of Bainbridge to its intersection with the North side of Belcher Lane; thence run East along the North side of Belcher Lane to its intersection with the West side of Whigham Dairy Road; thence run South along the West side of Whigham Dairy Road to its intersection with the South side of Old Whigham Road; thence run West along the South side of the Old Whigham Road to its intersection with the East side of Pipe Line Street; thence run South along the East side of Pipe Line Street to its intersection with the North side of Shotwell Street; thence run East along the North side of Shotwell Street to its intersection with the East side of Whigham Dairy Road; thence run South across Shotwell Street to the East side of College Road and thence continue to run South along the East side of College Road to its intersection with the North side of Lake Douglas Road; thence run in a Southeasterly direction along the North side of Lake Douglas Road to its intersection with the West side of Alday Road; thence run North along the West side of Alday Road to its intersection with Carrie Bell Drive on the North; thence run in a Northeasterly direction along the West side of Alday Road to a curve to the East; thence run East along the North side of Alday Road to a curve to the South; thence run South along the East side of Alday Road to a curve to the

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East; thence run East along the North side of Alday Road to a curve to the South; thence run South along the East side of Alday Road to the North side of Lake Douglas Road; thence run in a Southeasterly direction along the East side of Lake Douglas Road to its intersection with the South side of Woodhull Road; thence run West along the South side of Woodhull Road to a curve to the South; thence run South along the East side of Woodhull Road to its intersection with the North side of Cedar Grove Road; thence run East along the North side of Cedar Grove Road to the East side of Lake Douglas Road; thence run South along the East side of Lake Douglas Road to its intersection with State Route 262; thence run in a Northeasterly direction along State Route 262 to its intersection with Fewell Road; thence run in a Northeasterly direction along the West side of Fewell Road to its intersection with the North side of Bell Dixon Road; thence run East along the North side of Bell Dixon Road to its intersection with the East Decatur County line; thence run North along the East Decatur County line to its intersection with the South side of County Line Road and the point of beginning.
COMMISSION DISTRICT NO. 3 Commence on the North side of U. S. Highway 27 Bypass at its intersection with the East side of Flint River and thence run in a Southerly direction along the East side of U. S. Highway 27 Bypass to its intersection with the West side of South West Street; thence run North along the West side of South West Street to its intersection with the North side of College Street; thence run East along the North side of East College Street to its intersection with the West side of Tallahassee Road; thence run North along the West side of Tallahassee Road to its intersection with the North side of U. S. Highway 84B (East Shotwell Street); thence run East along the North side of U. S. Highway 84B to its intersection with the West side of Pipe Line Road; thence run North along the West side of Pipe Line Road to its intersection with the North side of Old Whigham Road (Martin Luther King, Jr. Drive); thence run East along the North side of Old Whigham Road to its intersection with the West side of Whigham Dairy Road; thence run North along the West side of Whigham Dairy Road to its intersection with the South side of Belcher Lane; thence run West along the South side of Belcher Lane to the East city limits of the City of Bainbridge; thence run North along the East city limits of Bainbridge to the South side of Cumberland Court; thence run East along the South side of Cumberland Court to the Southeast corner of Cumberland Court; thence run North along the East side of Cumberland Court to the Northeast corner; thence run West along the North side of Cumberland Court to the Northwest corner; thence run in a Southwesterly direction along the West side of Cumberland Court to the South side of Forrest Lane; thence run West along the South side of Forrest Lane to its intersection with the West side of East River Road; thence run in a Northeasterly direction along the West side of East River Road to its intersection with the Big Slough Landing; thence meandering along the Big Slough Landing in a Southwesterly direction to its intersection with the East side of Flint River; thence meandering in a Southwesterly direction along the East side of Flint

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River to its intersection with the North side of U. S. Highway 27 Bypass and the point of beginning.
COMMISSION DISTRICT NO. 4 Commence on the South side of East Shotwell Street at its intersection with the East side of South Scott Street and thence run East along the South side of East Shotwell Street (Thomasville Road) to its intersection with the West side of College Road; thence run South along the West side of College Road to its intersection with the South side of Lake Douglas Road; thence run in an Easterly direction along the South side of Lake Douglas Road to a point where Alday Road intersects the North right-ofway line of Lake Douglas Road; thence run North along the East side of Alday Road to a point of intersection on the North by Carrie Bell Drive; thence run in a Northeasterly direction along the South side of Alday Road to a curve to the East; thence run East along the South side of Alday Road to a curve to the South; thence run South along the West side of Alday Road to a curve to the East; thence run East along the South side of Alday Road to a curve to the South; thence run South along the West side of Alday Road to its intersection with the South side of Lake Douglas Road; thence run in a Southeasterly direction along the West side of Lake Douglas Road to its intersection with the North side of Woodhull Road; thence run West and South along the North and West side of Woodhull Road to its intersection with the Georgia Power Company transmission line right-of-way; thence run in a Southwesterly direction along the Georgia Power Company transmission line right-ofway to the East side of the Seaboard Coastline Railroad right-of-way; thence run in a Northwesterly direction along the East side of the Seaboard Coastline Railroad rightof-way to the South city limits of the City of Bainbridge; thence run West along the South city limits of the City of Bainbridge to the East side of Fowlstown Road (South West Street); thence run North along the East side of Fowlstown Road to the South side of East College Street; thence run East along the South side of East College Street to its intersection with the East side of Tallahassee Road; thence run North along the East side of Tallahassee Road to the South side of Shotwell Street and the point of beginning.
COMMISSION DISTRICT NO. 5 Commence on the West side of State Route No. 302 at its intersection with the Florida State Line and thence run North along the West side of State Route No. 302 to its intersection with the West side of State Route No. 97; thence run North along the West side of State Route No. 97 to its intersection with the South side of a line extended Easterly from the beginning of Dry Creek; thence meandering along the South side of Dry Creek in a Southwesterly direction to its intersection with Flint River; thence run across Flint River to the West bank; thence meandering along the West side of Flint River in a Northerly direction to a point where Four Mile Creek intersects the East side of Flint River; thence run East across Flint River to its intersection with the North side of Four Mile Creek; thence run in a Northeasterly

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direction along Four Mile Creek to its intersection with the North side of Hand Road; thence run East along the North side of Hand Road to its intersection with the West side of State Route 97; thence run North along the West side of State Route 97 to a point opposite the North side of Country Club Road; thence run East across State Route 97 and along the North side of Country Club Road to its intersection with the East side of Fowlstown Road; thence run South along the East side of Fowlstown Road to its intersection with Four Mile Creek; thence meandering along Four Mile Creek in a Southeasterly direction to its intersection with the West side of the Seaboard Coastline Railroad right-of-way; thence run in a Northwesterly direction along the West side of the Seaboard Coastline Railroad right-of-way to its intersection with the South city limits of the City of Bainbridge; thence run East along the South city limits of the City of Bainbridge to its intersection with the West side of Fowlstown Road; thence run North along the West side of Fowlstown Road (South West Street) to its intersection with the South side of U. S. Highway 27 Bypass; thence run in a Northeasterly direction along the South side of U. S. Highway 27 Bypass to its intersection with the West bank of Flint River; thence meandering along the West bank of Flint River in a Southwesterly direction to its intersection with the West side of Airport Road; thence run North along the West side of Airport Road to its intersection with the South side of Spring Creek Road; thence run in a Southwesterly direction along the East side of Spring Creek Road to the West city limits of the City of Bainbridge; thence run North along the West city limits of the City of Bainbridge to its intersection with the South side of Dothan Road; thence run in a Northwesterly direction along the South side of Dothan Road to its intersection with the East side of John Sam Road; thence run South along the East side of John Sam Road to its intersection with the South side of John Rich Road; thence run West along the South side of John Rich Road to the East intersection of Yates Spring Road; thence run South along the East side of Yates Spring Road to its intersection with the South side of the Smith Landing Road; thence run West along the South side of Smith Landing Road and across Spring Creek to its intersection with the West Decatur County Line; thence run South along the West Decatur County Line to its intersection with the Florida State Line; thence run East along the Florida State Line to the West side of State Route 302 and the point of beginning.
COMMISSION DISTRICT NO. 6 Commence on the West side of the Flint River at its intersection with the North line of Decatur County and thence Meandering along the West side of Flint River to its intersection with the East side of Airport Road; thence run North along the East side of Airport Road to its intersection with the North right-of-way of State Route No. 253 (Spring Creek Road); thence run in a Southwesterly direction along the North side of State Route 253 to the city limits of the City of Bainbridge; thence run North and East along the city limits of Bainbridge to its intersection with the North side of Dothan Road; thence run in a Northwesterly direction along the North side of Dothan Road to the North side of Cooler Road; thence run South across Dothan Road to the West side

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of John Sam Road; thence run South along the West side of John Sam Road to the North side of John Rich Road; thence run West along the North side of John Rich Road to Yates Spring Road; thence run South along the West side of Yates Spring Road to its intersection with the North side of Smith Landing Road; thence run West along the Smith Landing Road across Spring Creek to its intersection with the West Decatur County Line; thence run North along the West Decatur County Line to its intersection with the North Decatur County Line; thence run East along the North Decatur County Line to its intersection with the West side of Flint River and the point of beginning. (b) Any part of Decatur County which is not included in any commission district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Decatur County which is described as being in a particular commission district shall nevertheless not be included within such commission district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that commission district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commission district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Commissioners of Decatur County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Decatur County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the Board of Commissioners of Decatur County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1636. By Representatives Millar of the 59th, Harrell of the 62nd, Henson of the 65th, Drenner of the 66th, Sailor of the 71st and others:
A BILL to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1638. By Representatives Wix of the 33rd, Golick of the 30th, Johnson of the 35th, Parsons of the 40th, Manning of the 32nd 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1639. By Representatives Harrell of the 62nd, Davis of the 60th, Watson of the 70th, Ragas of the 64th, Sailor of the 71st and others:
A BILL to amend an Act creating a new charter for the City of Chamblee, so as to change the election districts to provide for two at-large districts and

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three numbered districts; to define the boundaries of the three numbered districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1640. By Representatives Davis of the 60th, Jennings of the 63rd, Millar of the 59th, Ragas of the 64th, McClinton of the 68th and others:
A BILL 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 for certain residents of that county who are senior citizens; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1641. By Representatives Davis of the 60th, Jennings of the 63rd, Millar of the 59th, McClinton of the 68th, Mangham of the 75th and others:
A BILL to provide for a homestead exemption from certain DeKalb 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 for certain residents of that school district who are senior citizens; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1653. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Randolph County, so as to change the description of the commissioner districts; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1654. By Representative Greene of the 158th:
A BILL to amend an Act reconstituting the Board of Education of Randolph County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 142. By Senator Ray of the 48th:
A BILL to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3596), so as to provide for an additional county supplement to be paid to the chief judge of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3596), so as to provide for an additional county supplement to be paid to the chief judge of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3596), is amended by striking subsection (c) of Section 13 and inserting in lieu thereof a new subsection (c) to read as follows:

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"(c)(1) Each of the judges shall be paid an annual salary equal to the sum of 95 percent of the annual salary of a judge of superior court, as paid by the state, plus 95 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County by the officers of said county authorized to payout the funds of said county. Each of the judges shall continue to receive all ordinary and routine benefits offered to employees of the county. The salary of such judges shall be an expense of said court. (2) In addition to the state salary and the county supplement to the state salary of the chief judge provided for in paragraph (1) of this subsection, the salary of the chief judge shall be supplemented by an additional $2,000.00 per annum, payable in equal monthly installments out of the funds of the county. The governing authority of Gwinnett County is authorized and directed to pay the additional county supplement to the chief judge, as provided in this paragraph."
SECTION 2. This Act shall become effective on January 1, 2003.
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 144. By Senator Ray of the 48th:
A BILL to be entitled an Act to amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the salary of the judges of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, so as to change provisions relating to the salary of the judges of such court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Recorders Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, is amended by striking in its entirety Section 7 and inserting in its place a new Section 7 to read as follows:
"SECTION 7. Judges compensation.
The salary of the judges of the recorders court shall be equal to 80 percent of the salary of a judge of superior court of the Gwinnett Judicial Circuit including any supplement, which salary shall be paid by the governing authority of Gwinnett County. In addition, each of the judges shall continue to receive all ordinary and routine benefits offered to employees of the county. These benefits shall include any longevity or bonus pay, and all other health, dental, retirement, or other benefits provided to county employees. The governing authority shall also have the right to provide for an additional county supplement for said judges if it determines it is appropriate and necessary."
SECTION 2. This Act shall become effective January 1, 2003.
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 429. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved February 10, 1993 (Ga. L. 1993, p. 3699), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 430. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved February 10, 1993 (Ga. L. 1993, p. 3691), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; 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 431. By Senator Brush of the 24th:
A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so as to provide for the election and terms of office of members of such board; to provide for the filling of vacancies; to provide for the powers and duties of the chairperson; to provide for standing committees of the board; 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 502. By Senator Jackson of the 50th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Habersham County, approved March 5, 1976 (Ga. L. 1976, p. 2798), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 5959), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the manner of election; to provide

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for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 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 503. By Senator Jackson of the 50th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved April 23, 1998 (Ga. L. 1998, p. 4652), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 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.

SR 608. By Senator Scott of the 36th:
A RESOLUTION creating the Atlanta Board of Education Charter Review Commission; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Legislation.
On the passage of the Legislation, the roll call was ordered and the vote was as follows:

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Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers
Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford Cummings
Y Davis E Day
Dean Deloach, B Y Deloach, G Y Dix Dodson E Drenner E Dukes Y Ehrhart Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell E Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
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 Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Porter Powell Y Purcell Y Ragas Y Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre E Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Legislation, the ayes were 143, nays 0. The Legislation, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

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SB 397. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate the use of electric personal assistive mobility devices; to define certain terms; to repeal conflicting laws; and for other purposes.
SB 432. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, known as the "Computer Pornography and Child Exploitation Prevention Act of 1999," so as to change the penalty for certain unlawful acts in violation of such Code section; to repeal conflicting laws; and for other purposes.
SB 434. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change certain provisions relating to filling of vacancies; to provide for other related matters; to repeal conflicting laws; and for other purposes.
SB 439. By Senators Butler of the 55th, Stokes of the 43rd, Ladd of the 41st, Thomas of the 10th, Polak of the 42nd and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the police chief or chief executive officer of the security force created by said Act shall have the authority to administer the oath of office to any eligible peace officer employed as a member of such force; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 448. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to change and expand the corporate limits of the City of Savannah; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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SB 459. By Senators Hamrick of the 30th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to revise definitions; to provide for the procedure for an investigative warrant; to provide for access to stored wire and electronic communications and transactional records; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 460. By Senators Hill of the 4th, Harbison of the 15th and Polak of the 42nd:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, so as to provide that the Department of Veterans Service may establish, operate, and maintain additional Georgia veterans cemeteries in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 462. By Senators Meyer von Bremen of the 12th and Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 479. By Senators Williams of the 6th and Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4017), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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SB 492. By Senator Beatty of the 47th:
A BILL to be entitled an Act to provide a homestead exemption from City of Commerce 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 over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 493. By Senator Beatty of the 47th:
A BILL to be entitled an Act to provide a homestead exemption from City of Jefferson 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 over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal conflicting laws; and for other purposes.
SB 494. By Senator Beatty of the 47th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson 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 years of age or over who have annual earned family incomes not exceeding $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), so as to provide for an additional $20,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; to provide for a definition; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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SB 512. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 513. By Senators Cheeks of the 23rd and Gillis of the 20th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for election of the chairman and the members of the board of education of Jefferson County," approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4167), so as to change the compensation of the chairperson and members of such board; to repeal conflicting laws; and for other purposes.
SB 514. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act providing for the election of members to the Burke County board of education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 151. By Representative Rogers of the 20th:
A BILL to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, so as to prohibit the operation on public roads of certain motor vehicles which supply the motor vehicles' combustion engines with nitrous oxide; and for other purposes.
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

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Commission, so as to add the executive director of the Georgia Technology Authority or such officer's designee; and for other purposes.
HB 842. By Representatives Walker of the 141st, Cummings of the 27th, Shanahan of the 10th, Skipper of the 137th, Lunsford of the 109th and others:
A BILL to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that state court clerks may be members of such retirement fund; to define certain terms; to change the membership of the board of commissioners of such retirement fund; to increase the annual allowable cost of living increase in benefits; and for other purposes.
HB 1026. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Jamieson of the 22nd and Heard of the 89th:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; and for other purposes.
HB 1270. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Commissioners of Seminole County, so as to reapportion the commissioner districts; and for other purposes.
HB 1271. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Education of Seminole County, so as to reapportion the Board of Education of Seminole County; and for other purposes.
HB 1395. By Representatives Henson of the 65th, Watson of the 70th, Millar of the 59th, Benfield of the 67th, Harrell of the 62nd and others:
A BILL to amend an Act creating the DeKalb County Civic Center Authority, so as to change provisions relating to the number of members constituting a quorum; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:

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HR 787. By Representatives Mosley of the 171st, Smith of the 169th, Byrd of the 170th, DeLoach of the 172nd, Stokes of the 92nd and others:
A RESOLUTION designating US Highway 301 as the Public Safety and Veterans Highway; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1100. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Channell of the 111th, Walker of the 141st and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for colorectal cancer screening; and for other purposes.
The Senate has adopted as amended, by the requisite constitutional majority, the following resolution of the House:
HR 806. By Representatives Smith of the 169th, Ray of the 128th, Hudson of the 156th, Johnson of the 35th, Brooks of the 54th and others:
A RESOLUTION creating the Joint Ethanol Production Study Committee; and for other purposes.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 575. By Senators Dean of the 31st, Starr of the 44th, Gillis of the 20th and Marable of the 52nd:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Bibb, Butts, Cobb, Coweta, Glynn, Gwinnett, Hall, Haralson, McIntosh, Rabun, Richmond, Tattnall, and Upson counties, Georgia; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

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SB 397. By Senator Thompson of the 33rd:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate the use of electric personal assistive mobility devices; to define certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
SB 432. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 16-12-100.2 of the Official Code of Georgia Annotated, known as the "Computer Pornography and Child Exploitation Prevention Act of 1999," so as to change the penalty for certain unlawful acts in violation of such Code section; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 434. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change certain provisions relating to filling of vacancies; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 439. By Senators Butler of the 55th, Stokes of the 43rd, Ladd of the 41st, Thomas of the 10th, Polak of the 42nd and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide that the police chief or chief executive officer of the security force created by said Act shall have the

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authority to administer the oath of office to any eligible peace officer employed as a member of such force; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 448. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to change and expand the corporate limits of the City of Savannah; to provide for related matters; 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 459. By Senators Hamrick of the 30th and Kemp of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to revise definitions; to provide for the procedure for an investigative warrant; to provide for access to stored wire and electronic communications and transactional records; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 460. By Senators Hill of the 4th, Harbison of the 15th and Polak of the 42nd:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Georgia Veterans Cemetery, so as to provide that the Department of Veterans Service may establish, operate, and maintain additional Georgia veterans cemeteries in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Defense & Veterans Affairs.
SB 462. By Senators Meyer von Bremen of the 12th and Johnson of the 1st:
A BILL to be entitled an Act to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify the procedures for imposition and collection of nuisance abatement liens; to clarify procedures relating to the collection of tax liens; to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; 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 479. By Senators Williams of the 6th and Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4017), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 492. By Senator Beatty of the 47th:
A BILL to be entitled an Act to provide a homestead exemption from City of Commerce 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 over and an additional homestead exemption in the amount of $20,000.00 of the

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assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 493. By Senator Beatty of the 47th:
A BILL to be entitled an Act to provide a homestead exemption from City of Jefferson 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 over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 494. By Senator Beatty of the 47th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson 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 years of age or over who have annual earned family incomes not exceeding $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), so as to provide for an additional $20,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; to provide for a definition; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.

SB 512. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 513. By Senators Cheeks of the 23rd and Gillis of the 20th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for election of the chairman and the members of the board of education of Jefferson County," approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4167), so as to change the compensation of the chairperson and members of such board; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 514. By Senator Cheeks of the 23rd:
A BILL to be entitled an Act to amend an Act providing for the election of members to the Burke County board of education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 719. By Representatives James of the 140th, McCall of the 90th, Crawford of the 129th, Hudson of the 156th and Sims of the 167th:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise and restate the law governing the practice of veterinary medicine and the licensure and regulation of veterinarians, veterinary technicians, and veterinary facilities; to define terms; to provide for the scope of veterinary practice; to provide for the State Board of Veterinary Medicine and its powers and duties, membership, selection, compensation, and service; to provide for standards and requirements for licensing of veterinarians; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise and restate the law governing the practice of veterinary medicine and veterinary technology and the licensure, registration, and regulation of veterinarians and veterinary technicians; to provide a short title; to define terms; to provide for the scope of veterinary practice and veterinary technology; to provide for the State Board of Veterinary Medicine and its powers and duties, membership, selection, compensation, and service; to provide for standards and requirements for licensing of veterinarians; to provide for regulation of veterinary practice; to provide for expiration and renewal of licenses; to provide for sanctions and penalties and practice and procedure in connection therewith; to prescribe criminal offenses and punishment therefor; to provide for civil actions; to provide for the registration and regulation of veterinary technicians; to provide for immunity from civil liability under certain circumstances; to provide for other matters related to the foregoing; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 50 and inserting in its place a new chapter to read as follows:
"CHAPTER 50 ARTICLE 1
43-50-1. This chapter shall be known and may be cited as the 'Georgia Veterinary Practice Act.'
43-50-2. This chapter is enacted as an exercise of the powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine.
43-50-3. As used in this chapter, the term:
(1) 'Accredited or approved college or school of veterinary medicine' means any veterinary college or school or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation or approval by the American Veterinary Medical Association Council on Education or its successor organization or is recognized by the board as conforming to the standards of accreditation required of schools or colleges of veterinary medicine in the United States or Canada. (1)(2) 'Animal' means any animal other than man and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. (3) 'AVMA accredited program in veterinary technology' means any postsecondary educational program of two or more academic years that has fulfilled the essential criteria established by the Committee on Veterinary Technician Education and Activities and approved by the American Veterinary Medical Association. (2)(4) 'Board' means the State Board of Veterinary Medicine. (5) 'Direct supervision' means that the licensed veterinarian is on the premises and is quickly and easily available and that the animal patient has been examined by a licensed veterinarian at such time as acceptable veterinary medical practice requires, consistent with the particular delegated animal health care task. (6) 'ECFVG certificate' means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or its successor organization indicating the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college or school of veterinary medicine.

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(7) 'Immediate supervision' means the licensed veterinarian is in audible and visual range of the animal patient and the person treating the animal. (8) 'Indirect supervision' means the licensed veterinarian is not on the premises but has given either written or oral instructions for the treatment of the animal patient and the animal has been examined by a licensed veterinarian at such times as acceptable veterinary medical practice requires, consistent with the particular delegated health care task. (3)(9) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (4)(10) 'Person' means any individual, firm, partnership, limited liability company, association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. (5)(11) To 'practice veterinary medicine' means:
(A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions behavioral disease, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique for testing for pregnancy, or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above. The practice of veterinary medicine does not include therapeutic massage;
(B)(i) To apply or use any instrument or device on any portion of an animals tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, disease, or other condition of an animals tooth, gum, or related tissue. (ii) To engage in preventive dental procedures on animals including, but not limited to, the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces. (iii) Nothing in this subparagraph shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an animals teeth; (C) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subparagraphs (A) and (B) of this paragraph; and (D) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is legally authorized and qualified to do any perform an act described in subparagraphs (A) and (B) of this paragraph, except where such person is a licensed veterinarian. (12) 'Prescription drug' includes any medicine, medication, or pharmaceutical or biological product whose manufacturers label must, pursuant to federal or state law, have the following statement printed on its packaging: 'Federal law restricts this drug

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to use by or on the order of a licensed veterinarian'; or any over-the-counter product that is used in a manner different from the label directions and that by definition requires a valid veterinarian-client-patient relationship for prescription or dispensing. (6) 'School of veterinary medicine' means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association. (7)(13) 'Veterinarian' means a person who has received a doctors degree in veterinary medicine from a school of veterinary medicine. (14) 'Veterinarian-client-patient relationship' means that:
(A) The licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client (owner or caretaker) has agreed to follow the instruction of the licensed veterinarian; (B) There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the licensed veterinarian is personally acquainted with the keeping and care of the animal by the virtue of this examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and (C) The licensed veterinarian is readily available for follow-up in the case of adverse reactions or failure of the regimen of therapy. (15) 'Veterinary facility' means any premises where the practice of veterinary medicine occurs. (8)(16) 'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. (17) 'Veterinary technician' means a person who meets the requirements imposed by this chapter for registration in this state as a veterinary technician. (18) 'Veterinary technology' means the science and art of providing all aspects of professional medical care and treatment for animals with the exception of diagnosis, prognosis, surgery, and prescription of medications.
ARTICLE 2
43-50-20. (a) The State Board of Veterinary Medicine is created, the members of which shall be appointed by the Governor with the approval of the Secretary of State and confirmed by the Senate. The board shall consist of six seven members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. The initial appointment for the sixth member shall expire June 30, 1985; thereafter, successors

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shall be appointed for a term of five years. The seventh member shall be a duly registered veterinary technician who has been registered and actively engaged in the practice of veterinary technology for at least five years prior to appointment. The initial appointment of the veterinary technician shall expire on June 30, 2006; thereafter, successors shall be appointed for a term of five years. Those members of the Georgia State Board of Veterinary Examiners serving on July 1, 1965 2002, shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section. (b) Vacancies due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments. No person shall serve two consecutive five-year terms, but a person appointed for a term of less than five years may succeed himself or herself. (c) No person may serve on the board who is, or was during the two years preceding his or her appointment, a member of the faculty, trustees, or advisory board of a veterinary school. (d) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (e) Any member of the board may be removed by the Governor after a hearing by the board determines cause for removal. (f) The board shall meet at least once each year at the time fixed by the board. Other necessary meetings may be called by the president of the board by giving such notice as shall be established by the board. Meetings shall be open and public except that the board may meet in closed session to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian. (g) At its annual meeting, the board shall organize by electing a president and such other officers as may be required by the board. Officers of the board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall serve as chairman chairperson of board meetings.
43-50-21. (a) The board shall have the power to:
(1) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine and applicants for registration to practice veterinary technology in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice veterinary medicine and registrations to practice veterinary technology in this state or otherwise discipline licensed veterinarians and registered veterinary technicians; and to issue, renew, deny, suspend, or revoke veterinary faculty licenses, consistent with this article and the rules and regulations adopted under this article; (3) Conduct investigations for the purpose of discovering violations of this article or grounds for disciplining licensed veterinarians and registered veterinary technicians;

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(4) Hold hearings on all matters properly brought before the board; and, in connection therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members to serve as its hearing officer; (5) Appoint from its own membership one member to act as a representative of the board at any meeting within or outside the state where such representative is deemed desirable; (6) Bring proceedings in the courts for the enforcement of this article or any regulations made pursuant to this article; and (7) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry this article into effect, including the establishment and publication of standards of professional conduct for the practice of veterinary medicine. (b) The powers enumerated in subsection (a) of this Code section are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine and are to be construed liberally to accomplish this objective.
43-50-22. No person may practice veterinary medicine in this state who is not a licensed veterinarian or the holder of a valid temporary license issued by the division director pursuant to this article.
43-50-23. (a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of a veterinary school an accredited or approved college or school of veterinary medicine or possesses a foreign equivalency, as determined by board rule; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) Has never had his or her United States Drug Enforcement Administration privileges restricted or revoked; and (4)(5) The applicant meets such other qualifications or provides such other information as the board may require by rule. (b) The application shall be accompanied by a fee in the amount established by the board. (c) If the board determines that an applicant possesses the proper qualifications, it shall admit the applicant to the next examination.

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43-50-24. (a) The board shall hold at least one examination during each year and may hold such additional examinations as are necessary. (b) After each examination, the division director shall notify each examinee of the result of his the examination, and the board shall issue licenses to the persons successfully completing the examination. The division director shall record the new licenses and issue a certificate of registration to the new licensees. Any person failing an examination shall be admitted to any subsequent examination on payment of the application fee. If an applicant fails an examination, the applicant may take a subsequent examination upon payment of the registration and examination fees. No person may take the examination more than three times without review and approval by the board. Such approval may be provided under such circumstances as the board deems appropriate.
43-50-25. Any person holding a valid license to practice veterinary medicine in this state on July 1, 1965, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he or she complies with this article, including biennial renewal of the license.
43-50-26. (a) All licenses shall be renewable biennially. (b) Any person who shall practice veterinary medicine after the expiration of his or her license and willfully or by neglect fail to renew such license shall be practicing in violation of this article, provided that any person may renew an expired license within one year of the date of its expiration by making written application for renewal and paying the current renewal fee plus all delinquent renewal fees. After one year has elapsed from the date of the expiration, such license may be reinstated in accordance with the rules of the board. (c) The board may by rule waive the payment of the registration renewal fee of a licensed veterinarian during the period when he or she is on active duty with any branch of the armed forces of the United States, not to exceed the longer of three years or the duration of a national emergency.
(d)(1) The board shall establish a program of continuing professional veterinary medical education for the renewal of veterinarian licenses. Notwithstanding any other provision of this article, beginning with the licenses which are to be renewed in 1990, no license to practice veterinary medicine shall be renewed by the board or the division director until the veterinarian submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in approved programs of continuing professional veterinary medical education, as defined in this Code section. Veterinarians who have been licensed in this state for 40 years or more on December 31, 1988, shall not be required to participate in continuing

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education as a condition of license renewal. The amount of continuing education required by the board under this paragraph shall not exceed 30 hours. (2) Continuing professional veterinary medical education shall consist of educational programs providing training pertinent to the practice of veterinary medicine and approved by the board under this Code section. The board shall may approve educational programs for persons practicing veterinary medicine in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the provision of approved programs. In addition to such programs, the board shall may allow the continuing professional veterinary medical education requirement to be fulfilled by the completion of approved correspondence distance learning courses which provide the required hours of approved programs of continuing professional veterinary medical education or to be fulfilled by a combination of approved correspondence courses and other educational programs. (3) The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. (e) The board shall provide by regulation for an inactive status license for those individuals who elect to apply for such status. Persons who are granted inactive status shall not engage in the practice of veterinary medicine and shall be exempt from the requirements of continuing veterinary medical education.
43-50-27. (a) The board is authorized to refuse to grant a license to an applicant, or to revoke the license of a veterinarian licensed by the board, or to discipline a veterinarian licensed under this chapter or any antecedent law, or to discipline a veterinary technician licensed under this chapter or any antecedent law, upon a finding by a majority of the entire board that the licensee, registrant, or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license, and, if the board 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 board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine or veterinary technology or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license or registration to practice veterinary medicine or veterinary technology; or made a false statement or deceptive biennial registration with the board;

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(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license or registration to practice veterinary medicine or veterinary technology revoked, suspended, or annulled by any lawful licensing veterinary medical authority other than the board; or had other disciplinary action taken against him or her by any lawful licensing veterinary medical authority other than the board; or was denied a license or registration by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee, registrant, or applicant to practice veterinary medicine or veterinary technology, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury or be directly related to the practice of veterinary medicine or veterinary technology but shows that the licensee, registrant, or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing veterinary medical practice. Unprofessional conduct shall also include, but not be limited to, the following: failure to keep veterinary premises and equipment in a clean and sanitary condition; dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; or cruelty to animals; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee or registrant whose license has been suspended or revoked by the board to practice veterinary medicine or to practice

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outside the scope of any disciplinary limitation placed upon the licensee or registrant by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, rule, or regulation relates to or in part regulates the practice of veterinary medicine or veterinary technology, when the licensee, registrant, or applicant knows or should know that such action violates such statute, law, rule, or regulation; or violated the lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients or has become unable to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee, registrant, or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing veterinary medicine or veterinary technology in this state or who shall file an application for a license to practice veterinary medicine or register as a veterinary technician in this state shall be deemed to have given that persons consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee, registrant, or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, registrant, or applicant who is prohibited from practicing veterinary medicine or veterinary technology under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of veterinary medicine or veterinary technology with reasonable skill and safety to patients; (11) Failed to register with the division director as required by law. It shall be the duty of every licensee or registrant to notify the board of any change in his or her address of record with the board; provided, however, that, for a period established by the division director after failure to register, a license or registration may be reinstated

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by payment of a registration fee to be determined by the board by rule and by filing of a special application therefor. After this period has elapsed, a license or registration may be revoked for failure to register and for failure to pay the fee as provided by law. Any license revoked under the terms of this Code section may be reinstated only upon an applicants taking the examination required by Code Section 43-50-23 and paying the fees prescribed by law therefor at the discretion of the board; (12) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication without a legitimate veterinary medical purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescription; or (13) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the veterinary services rendered by that veterinarian or any veterinarian associated with him or her. For purposes of this paragraph, 'advertising' shall include any information communicated in a manner designated to attract public attention to the practice of the licensee. (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a license or registration are adopted and incorporated by reference into this chapter. (c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee, registrant, or applicant, and such records shall be admissible in any hearing before the board. (d) When the board finds that any person is unqualified to be granted a license or registration or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license or registration to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee or registrant; (3) Suspend any license or registration for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license or registration; (4) Limit or restrict any license or registration as the board deems necessary for the protection of the public; (5) Revoke any license or registration; or (6) Condition the penalty upon, or withhold formal disposition pending, the applicants, registrants, or licensees submission to such care, counseling, or treatment as the board may direct. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee, registrant, or

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applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or registrant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license or registration which has been revoked or issue a license or registration which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter.
(h)(1) The division director is authorized to make, or cause to be made through employees or agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee, registrant, or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of veterinary medicine or veterinary technology may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee, registrant, or applicant and the legal counsel of that licensee, registrant, or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee, registrant, or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensees, registrantss, or applicants fitness to practice as a veterinarian or veterinary technician or for initiating or conducting proceedings against such licensee, registrant, or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensees or applicants fitness to practice as a veterinarian or veterinary technician shall be immune from civil and criminal liability for so testifying.

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(j) Neither a denial of a license or registration on grounds other than those enumerated in subsection (a) of this Code section nor the issuance of a private reprimand nor the denial of a license or registration by reciprocity endorsement nor the denial of a request for reinstatement of a revoked license or registration nor the refusal to issue a previously denied license or registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant, registrant, or licensee shall be allowed to appear before the board if he or she so requests. (k) If any licensee, registrant, or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee, registrant, or applicant and take action as if such licensee, registrant, or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee, registrant, or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee, registrant, or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee, registrant, or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee, registrant, or applicant. (l) The voluntary surrender of a license or registration shall have the same effect as a revocation of the license or registration, subject to reinstatement in the discretion of the board. (m) This Code section shall apply equally to all licensees, registrants, or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, or other associations of any kind whatsoever. (n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed. (o) Any proceeding or administrative action instituted under this Code section shall be governed by the provisions of this Code section as they existed in full force and effect on the date of the commission of the act or acts constituting a violation of this Code section, except as otherwise specifically declared by the General Assembly.
43-50-28. Reserved.
43-50-29. (a) The board may issue a temporary license to the following applicants who are qualified to take the veterinary license examination:

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(1) An applicant licensed in another state. Such license shall have the same force and effect as a permanent license until the time of its expiration; and (2) An applicant who is not the holder of any veterinary license. Such license shall authorize the applicant to work under the supervision of a licensed veterinarian as provided by the board. (b) The temporary license shall expire on the date that permanent licenses are issued to persons who have passed the examination provided for in Code Section 43-50-24, which examination occurred immediately following the issuance of the temporary license. (c) A temporary license issued pursuant to this Code section may, in the discretion of the board, be renewed for one six-month period only; provided, however, that no temporary license shall be renewed or reissued to a person who fails to pass the examination established by the board. (d) A temporary license may be summarily revoked by a majority vote of the board without a hearing.
43-50-30. The board may, in its discretion, issue a veterinary faculty license or veterinary technology faculty license to any qualified applicant associated with one of this states institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical or veterinary technology students, subject to the following conditions:
(1) That the holder of the veterinary faculty license or veterinary technology faculty license shall be remunerated for the practice aspects of his or her services solely from state, federal, or institutional funds and not from the patient-owner beneficiary of his or her practice efforts; (2) That the applicant will furnish the board with such proof as the board may deem necessary to demonstrate that the applicant is a graduate of a reputable school or college of veterinary medicine or veterinary technology; that the applicant has or will have a faculty position at an institution which meets the requirements of paragraph (1) of this Code section, as certified by an authorized administrative official at such institution; and that the applicant understands and agrees that the faculty license or veterinary technology faculty license is valid only for the practice of veterinary medicine or veterinary technology as a faculty member of the institution; (3) That the license issued under this Code section may be revoked or suspended or the licensee may be otherwise disciplined in accordance with Code Section 43-50-27; and (4) That the license issued under this Code section may be canceled by the board upon receipt of information that the holder of the veterinary faculty license or veterinary technology faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state.

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43-50-31. Reserved.
43-50-32. This article shall not be construed to prohibit:
(1) An employee of the federal, state, or local government performing his or her official duties; (2) A person who is a regular student in a veterinary school or school of veterinary technology performing duties or actions assigned by his or her instructors or working under the direct supervision of a licensed veterinarian; (3) A person advising with respect to, or performing acts which the board by rule has prescribed as, accepted livestock management practices; (4) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state The actions of a veterinarian currently licensed in another state, province of Canada, or a United States territory in consulting with a licensee of this state but who:
(A) Does not open an office or appoint a place to do business within this state; (B) Does not print or use letterhead or business cards reflecting in-state addresses; (C) Does not establish answering services or advertise the existence of a practice address within this state; (D) Does not practice veterinary medicine as a consultant rendering services directly to the public without the direction of a licensed veterinarian of this state more than two days per calendar year; and (E) Is providing services for an organization conducting a public event lasting less than ten days that utilizes animals in need of veterinary examinations, treatments, or oversight to promote the safety and health of the public, the event, and the animal participants; provided, however, that a veterinarian licensed in another state who practices veterinary medicine on animals belonging to residents of this state by communicating directly with such owners, i.e., independent of the attending veterinary licensee, is not exempt from this states licensing requirements; (5) Any merchant or manufacturer selling, at his or her regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases. This shall not be construed to authorize the sale of medicines which must be obtained by a prescription from a pharmacist but shall only include the right to sell those medicines which are classified as proprietary and which are commonly known as over-the-counter medicines; (6) The owner of an animal, and the owners full-time regular employee, or the owners noncompensated friend or relative caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this article; (7) The holder of a veterinary faculty license issued by the board performing regular teaching duties or a person lecturing or giving instructions or demonstrations at a

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veterinary school or in connection with a continuing education course or seminar A member of the faculty, a resident, an intern, or a graduate student of an accredited or approved college or school of veterinary medicine performing his or her regular nonclinical functions or a person lecturing or giving instructions or demonstrations at an accredited or approved college or school of veterinary medicine or school of veterinary technology in connection with a continuing education course or seminar; (8) Any person selling or applying any pesticide, insecticide, or herbicide; (9) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals; (10) Any person performing artificial insemination or nonsurgical transfer of embryos; or (11) An employee of a licensed veterinarian administering prescribed care to an animal under the direct appropriate supervision of the veterinarian. as determined by the board; (12) A graduate of a foreign college of veterinary medicine who is in the process of obtaining the ECFVG certificate or its equivalent as determined by rule of the board performing duties or actions under the direct supervision of a licensed veterinarian; (13) A person or his or her full-time employee, or a member of a nationally recognized organization approved by the board that certifies individuals in embryo transfer, to remove an embryo from an animal for the purpose of transplanting such embryo into another female animal for the purpose of cryopreserving such embryo, or to implant such embryo in an animal so long as the use of prescription drugs in these animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; or (14) Any other licensed health care provider utilizing his or her special skills so long as the treatment of the animal is under the direction of a licensed veterinarian with a valid veterinary-client-patient relationship.
43-50-33. (a) Any person who practices veterinary medicine without a valid license or any person who practices veterinary technology without a valid registration shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 $100.00 nor more than $500.00 $1,000.00 or imprisoned for no more than 90 days, or both, provided that each act of such unlawful practice shall constitute a distinct and separate offense. (b) No person who shall practice veterinary medicine without a valid license may receive any compensation for services so rendered. (c) The board or any citizen of this state may bring an action to enjoin any person from practicing veterinary medicine without a valid license. If the court finds that the person is violating, or is threatening to violate, this article, it shall enter an injunction restraining him or her from such unlawful acts.

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(d) The successful maintenance of an action based on any one of the remedies set forth in this Code section shall in no way prejudice the prosecution of an action based on any other of the remedies.
ARTICLE 3
43-50-50. It is the purpose of this article to encourage more effective utilization of the skills of veterinarians by enabling them to delegate certain veterinary health care tasks to registered veterinary technicians where such delegation is consistent with the animal patients health and welfare.
43-50-51. As used in this article, the term:
(1) 'Direct supervision' means instruction and directions requiring the physical presence of a licensed veterinarian on the premises. (2) 'Registered animal technician' means any person approved to work as a registered animal technician by the State Board of Veterinary Medicine under the former laws regulating animal health technicians in the State of Georgia. (3) 'Veterinary technician' means an individual who has received a degree in animal technology or a comparable subject from an approved school of veterinary medicine or veterinary technology and who is employed by and under the direct supervision of a licensed veterinarian to perform the following duties:
(A) Obtain and record information about animal patients; (B) Prepare animal patients, instruments, equipment, and medication for surgery; (C) Collect specimens and perform laboratory procedures; (D) Apply wound dressings; or (E) Assist a licensed veterinarian in diagnostic, medical, and surgical procedures. Reserved.
43-50-52. (a)(1) Any person desiring to work as a veterinary technician in this state shall apply to the board for a certificate of registration as a veterinary technician and shall pass such examinations as the board requires. All such applications shall be made on forms provided by the board and shall be accompanied by a fee to be provided for by the board. (2) The application shall include evidence, satisfactory to the board, that: (A) The applicant has attained the age of 18; (B) The applicant is of good moral character; (C) The applicant is a graduate of an animal technology program approved by the board; and (D) The applicant meets such other qualifications or provides such other information as the board may require by rule.

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(3) If the board finds that the applicant possesses the proper qualifications, it shall admit the applicant to the examination. (4) If the applicant is found not qualified to take the examination, the board shall notify the applicant in writing of such finding and return his examination fee. (b) Until January 1, 1984, any person who has been at any time certified as a registered animal technician and has had three years experience of employment as a registered animal technician shall upon application be registered as a veterinary technician without examination and without meeting the requirements of paragraphs (1) and (2) of subsection (a) of this Code section. (c) Any person who immediately prior to July 1, 1983, was currently certified as a registered animal technician shall be entitled to be registered as a veterinary technician and to have such certification renewed without examination and without meeting any requirements of paragraphs (1) and (2) of subsection (a) of this Code section. (a) The Georgia Board of Veterinary Medicine shall be responsible for registering any person who wishes to practice as a registered veterinary technician in this state and shall limit, restrict, supervise, and define such practice by board rule as the board deems appropriate and necessary for the protection of the public health, safety, and general welfare. (b) An applicant to be registered as a veterinary technician under this article shall be at least 18 years of age, of good moral character, and: (1) Have completed a college or technical school level course of study in veterinary technology in a school having a curriculum approved by the board; or (2) Have successfully completed an AVMA accredited program in veterinary technology; and (3) Have successfully passed an examination required by the board. The board may require additional information and proof of a persons fitness and qualifications by board rule. (c) The board may issue a certificate of registration to an applicant if the applicant is currently registered in another state having standards for admission substantially the same as this states and the standards were in effect at the time the applicant was first admitted to practice in the other state. (d) Any person who prior to July 1, 2002, was at any time certified as a registered veterinary technician by this state shall for a period of one year be entitled to be registered as a veterinary technician and to have such certification renewed without examination. (e) Any person who prior to July 1, 2002, had five years experience assisting a veterinarian may, with a signed affidavit from his or her supervising veterinarian attesting to his or her level of in-house training, be allowed to take the examination approved by the board. Upon receiving a passing grade on the examination, the board may issue a certificate of registration. It shall be the duty of the board to provide study materials to assist such persons in preparing for such examination.

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43-50-53. (a) The board shall hold at least one examination during each year and may hold such additional examinations as are necessary The board shall hold at least one examination for veterinary technicians annually or allow applicants to take automated tests at such locations and at such times as determined by board rule. The board need not be present during the examination. (b) After each examination, the division director shall notify each examinee of the results of his examination, and the board shall issue certificates of registration to the successful applicants. Any person failing an examination shall be admitted to any subsequent examination on payment of the examination fee The board shall establish rules governing the preparation, administration, and grading of the examination. The board may adopt the National Veterinary Technicians Examination prepared by the Professional Examination Service or any other such examination prepared to the boards standards and satisfaction. (c) The board shall establish by rule the score needed to pass all examinations. (d) If an applicant fails an examination, the applicant may take a subsequent examination upon payment of the registration and examination fees. No person may take the examination more than three times without review and approval by the board under such circumstances as the board deems appropriate. (e) Any registered veterinary technician in the State of Georgia whose certificate of registration has been on inactive status for at least five consecutive years will be required to take continuing education as required by the board, pay all fees, and meet all other requirements and board rules for registration as a veterinary technician. (f) The certificates issued to registered veterinary technicians pursuant to this chapter shall expire biannually on December 31 of even-numbered years and may by board rule be renewed upon application to the board for renewal and payment of renewal fees. (g) The board shall not renew any certificate unless the holder provides satisfactory evidence that he or she has complied with the boards minimum requirements for continuing education.
43-50-54. (a) A registered veterinary technician shall be allowed to perform his duties only under the direct supervision of a licensed veterinarian Any person registered as a veterinary technician and while practicing as a registered veterinary technician in this state must at all times be under the supervision of a licensed veterinarian. The level of supervision shall be consistent with the delegated animal health care task. The board may establish by rule, in general or specific terms as it deems necessary, the animal health care tasks that registered veterinary technicians may provide and the level of supervision, whether direct supervision, immediate supervision, or indirect supervision, that is required by the licensed veterinarian for any delegated animal health care task. (b) Veterinary technicians registered under this article shall at all times notify the division director of the name and location of the veterinarian under whose supervision such veterinary technician is working The provisions and causes of action as set forth

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under this chapter pertaining to licensed veterinarians are applicable to registered veterinary technicians in all respects. The board may also take disciplinary action against a registered veterinary technician if the technician:
(1) Solicits patients from a licensed veterinarian; (2) Solicits or receives any form of compensation from any person for veterinary services rendered other than from the veterinarian or corporation under whom the technician is employed; (3) Willfully or negligently divulges a professional confidence or discusses a veterinarians diagnosis or treatment without the express permission of the veterinarian; or (4) Demonstrates a manifest incapability or incompetence to perform as a veterinary technician. (c) A registered veterinary technician may not be utilized in any manner which would be in violation of Article 2 of this chapter. (d) A registered veterinary technician shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26.
43-50-55. (a) Any licensed veterinarian, animal clinic, or animal hospital using registered veterinary technicians shall post a notice to that effect in a prominent place. (b) A registered veterinary technician must clearly identify himself or herself as such in order to ensure that he or she is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the registered veterinary technicians name appears in a professional setting, his or her status must be shown as 'registered veterinary technician.' (c) No veterinarian shall have more than two veterinary technicians in his employment at any one time No veterinary facility shall be allowed to operate with more than two registered veterinary technicians per full-time veterinarian or combination of part-time veterinarians equaling a full-time position actively practicing at that location.
43-50-56. A licensed veterinarian who applies for or utilizes a registered veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a registered veterinary technician.
43-50-57. The approval of a licensed veterinarians utilization of a registered veterinary technician may be terminated or suspended, and the registration certificate revoked, suspended, or otherwise sanctioned in accordance with the provisions of Code Section 43-50-27.

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ARTICLE 4
43-50-70. Any person, including any licensed veterinarian or registered veterinary technician duly licensed or registered with the state, who gratuitously and in good faith gives emergency treatment to a sick or injured animal at the scene of an accident or emergency which places the animal in a life-threatening condition requiring immediate treatment to sustain the life of the animal shall not be in violation of this chapter and shall not be liable to the owner of such animal in any civil action for damages. This Code section is not intended to provide immunity for acts of gross negligence."
SECTION 2. This Act shall become effective on July 1, 2002. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Massey of the 86th moves to amend the Committee substitute to HB 719 as follows:
Page 20, line 8, after technology add which includes instruction in the operation of life sustaining oxygen equipment;.

The following amendment was read:

Representative Purcell of the 147th et al. move to amend the Committee substitute to HB 719 by striking line 23 of page 6 and inserting in its place the following:
"No Except as otherwise provided in this chapter, no person may practice veterinary medicine in this state who is not a licensed veterinarian".
By striking lines 11 and 12 of page 16 and inserting in their place the following:
"(1) An employee of the federal, state, or local government or any contractural partner thereof performing his or her official duties or any employee of a public or private

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1695

college or university or of a zoological park that is accredited by a nationally recognized accrediting agency as determined by the board from performing his or her duties.".
By striking lines 16 and 17 of page 16 and inserting in their place the following:
"(3) A person advising with respect to, or performing acts which the board by rule has prescribed as, accepted livestock management practices The owner of an animal, his or her consignees, and their employees from performing routine accepted livestock management practices in the care of animals belonging to the owner. Acceptable livestock management practices shall include, but are not limited to: castration of food animals, dehorning without the use of prescription drugs or surgical closure of wounds, hoof trimming and shoeing, docking, ear notching, removing needle teeth, obstetrics, testing for pregnancy, nonsurgical embryo transfer, implanting of over the counter growth implants, implanting of over the counter identification devices, artificial insemination, branding, use of ultrasound for collecting production data and similar nondiagnosis purposes, collecting of fluids for genetic identification and classification, collecting semen, semen testing and evaluation, and the use of federally approved over the counter products;".
By striking "noncompensated" on line 10 of page 17.
By adding following line 32 of page 22 the following:
"43-50-58. This article shall not be construed to prohibit an employee of the federal, state, or local government or of a public or private college or university or of a zoological park that is accredited by a nationally recognized accrediting agency as determined by the board from performing his or her duties.".

The following amendment was read and adopted:

Representative Purcell of the 147th moves to amend the Purcell amendment to HB 719 as follows:
By adding the words "are not prohibited" after the word employees on line 14, page 1.

The Purcell amendment, as amended, was adopted.

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The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

E Cox N Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye N Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

N Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J N Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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1697

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.

HB 1413. By Representatives Walker of the 141st and Childers of the 13th:
A BILL to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care facility licensing and employee records checks, to provide for criminal records checks for personal care homes employment applicants; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide that Code Section 31-7-250 through 31-7-264 shall apply to personal care homes; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1413 by striking line 35 of page 8 and inserting in its place the following:
"duties do not include management of resident funds or personal contact between that person and any paying resident of the".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

E Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix
Dodson E Drenner E Dukes Y Ehrhart

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 Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley

1698
Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 498. By Representatives Murphy of the 18th, Heard of the 89th, McBee of the 88th and Epps of the 131st:
A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and substance abuse boards and planning units and to transfer functions and duties

FRIDAY, MARCH 8, 2002

1699

to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1407. By Representatives Smith of the 175th, Smith of the 19th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state government may, in the course of participation in federal programs, under certain conditions administer and provide services through contracts with charitable, religious, or private organizations; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1407 by striking the word "and" on line 27 of page 2.
By replacing the period and quotation mark on line 30 of page 2 with the symbol and word "; and".
By adding between lines 30 and 31 of page 2 the following:
"(5) Organizations receiving funds to provide program assistance or services shall either be organized under Section 501(c)(3) of the United States Internal Revenue Code or shall agree to be subject to audit of the use of state and local funds pursuant to appropriate rules and regulations promulgated by the Department of Audits and Accounts for the administration of the terms of this Code section.'"

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:

1700

JOURNAL OF THE HOUSE

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

E Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin
Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee Y McCall N McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan 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 E Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1418. By Representatives Golick of the 30th, Wix of the 33rd, Johnson of the 35th, Collins of the 29th, Manning of the 32nd and others:

FRIDAY, MARCH 8, 2002

1701

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide for an exemption for sales to certain local government authorities; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway E Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

E Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett Y Floyd
Forster Y Franklin Y Gardner Y Golick Y Grasse 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
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 Manning E Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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 E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 158, nays 0.

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JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1418 was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 498. By Representatives Murphy of the 18th, Heard of the 89th, McBee of the 88th and Epps of the 131st:
A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and substance abuse boards and planning units and to transfer functions and duties to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources; and for other purposes.

Representative Byrd of the 170th moved that the House insist on its position in disagreeing to the Senate substitute to HB 498 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, McBee of the 88th and Epps of the 131st.

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 1406. By Representatives Shanahan of the 10th, Hanner of the 159th, Stokes of the 92nd, McCall of the 90th, Jackson of the 112th and others:

FRIDAY, MARCH 8, 2002

1703

A BILL to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change the amount of certain fees; to extend the period certain fees and surcharges shall be collected; to provide for certain powers and duties of the Director of the Environmental Protection Division of the Department of Natural Resources; to change the criteria for property qualifying for a limitation of liability to site contamination; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change the amount of certain fees; to extend the period certain fees and surcharges shall be collected; to provide for certain powers and duties of the Director of the Environmental Protection Division of the Department of Natural Resources; to change the criteria for property qualifying for a limitation of liability to site contamination; to provide for liability for clean-up actions without notice if the identity of the responsible person cannot be determined or the situation poses a danger to persons or the environment; to define a certain term; to provide for certain fees; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking in their entirety subsections (e) and (g) of Code Section 12-8-39, relating to cost reimbursement fees and surcharges, and inserting in lieu thereof, respectively, the following:
"(e) After July 1, 1992, owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 50 per ton of solid waste disposed. From July 1, 2003, through June 30, 2008, said surcharge shall be 65 per ton of solid waste disposed. After July 1, 2008, said surcharge shall be 75 per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division on July 1, 1993, for the period July 1, 1992,

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through December 31, 1992. All subsequent payments shall be due on the first day of July of each year for the preceding calendar year." "(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1, 2003 2013."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-8-91, relating to a declaration of policy and legislative intent, and inserting in lieu thereof the following:
"(b) The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (a) of this Code section by and through the division with the fees established and collected by the division pursuant to subsection (e) of Code Section 12-2-2, subsection (e) of Code Section 12-8-39, subsection (d) of Code Section 12-8-68, and Code Section 12-8-95.1. The General Assembly further declares its intent to ensure that the funding provided by fees on hazardous waste management activities and hazardous substance reporting and by owners and operators of solid waste disposal facilities pursuant to those Code sections and through the collection of civil penalties will not be diverted for any purpose other than the administration of this article by the division, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; the prevention of pollution, including reduction of hazardous wastes generated,; and the effectuation of corrective action at sites that may threaten human health or the environment where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released. Appropriation of funds to the department for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 shall be deemed consistent with this declaration of legislative intent."
SECTION 3. Said chapter is further amended by striking in their entirety paragraphs (3) and (4) of subsection (b) of Code Section 12-8-95, relating to the hazardous waste trust fund, and inserting in lieu thereof the following:
"(3) For activities of the division associated with the administration of this part, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; (4) In accordance with rules promulgated by the board, for financing of the state and local share of the costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; provided, however, that the director shall ensure that beginning July 1,

FRIDAY, MARCH 8, 2002

1705

2003, and annually in each following year, an amount equal to at least one-half of the sum of annual collections made pursuant to subsection (e) of Code Section 12-8-39 and appropriated to the department in accordance with subsection (b) of Code Section 12-891 shall be available to be used for the purposes of this paragraph; provided, however further, that if a county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000.00 of such costs shall be paid from the hazardous waste trust fund;"
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, and inserting in lieu thereof the following:
"12-8-95.1 (a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities and hazardous substance reporting fees as provided in this subsection. As used in this Code section, the term "hazardous waste" shall not include any material excluded by 40 C.F.R. Part 261 of the Code of Federal Regulations. Every large quantity generator and every small quantity generator shall pay the greater of $100.00 $115.00 per calendar year or the total of the hazardous waste management fees, and every person who is required to report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay the annual hazardous substance reporting fees, imposed as follows:
(1) Every large quantity generator of hazardous waste shall pay an annual fee of $20.00 $23.00 per ton for hazardous waste shipped off site for disposal or incineration, $16.00 $18.40 per ton for hazardous waste shipped off site for treatment or storage, $2.00 per ton for hazardous waste shipped off site for recycling or reuse, and, beginning January 1, 1995, $9.00 and $10.35 per ton for hazardous waste shipped off site for treatment by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste management fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid; (2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 $11.50 per ton for hazardous waste disposed of or incinerated on site, $4.00 $4.60 per ton for hazardous waste treated or stored on site, $1.00 per ton for hazardous waste reused or recycled on site, and, beginning January 1, 1995, $2.50 and $2.90 per ton for hazardous waste treated on site by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for disposal or incineration, treatment or storage,

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recycling or reuse, or treatment by burning for energy recovery in any calendar year exceeding the following amounts and according to the following schedule:
(A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994; (B) Fifty thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on July 1, 1995, and on July 1, 1996; (C) Seventy-five thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on and after July 1, 1997; (D) One thousand five hundred dollars for waste water which is a hazardous waste which is treated on site for payments due on July 1, 1995; (E) Three thousand dollars for waste water which is a hazardous waste treated on site for payments due on July 1, 1996; and (F) Seven thousand five hundred dollars for waste water which is a hazardous waste treated on site for payments due on and after July 1, 1997. For the purposes of this paragraph, a generator who generates waste water which is a hazardous waste shall not be required to count such hazardous waste in determining its status as a large quantity generator, a small quantity generator, or a conditionally exempt small quantity generator. For the purposes of this paragraph, dilution of waste water that is a hazardous waste shall be considered treatment subject to the fees established by this paragraph. A large quantity generator which pays fees for the offsite management of hazardous waste under paragraph (1) of this subsection for a hazardous waste which was previously managed on site shall not pay the applicable onsite management fee for that hazardous waste; (3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 $23.00 per ton for hazardous waste disposed of or incinerated, $16.00 $18.40 per ton for hazardous waste treated or stored, $2.00 per ton for hazardous waste that is recycled or reused, and, beginning January 1, 1995, $9.00 and $10.35 per ton for hazardous waste treated by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no person shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. Persons who receive hazardous waste generated outside this state are not required to pay the fees required by this paragraph for those wastes generated by conditionally exempt small quantity generators which are located outside this state. For the purposes of this paragraph, a "conditionally exempt small quantity generator" means a generator who generates 220 pounds or less of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article; and

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(4) Each person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the division an annual hazardous substance reporting fee as follows:
(A) A facility with no reported release shall pay no fee; (B) A facility with a reported release of less than 1,000 pounds during the calendar year shall pay a fee of $500.00 $575.00 for that calendar year; (C) A facility with a reported release equal to or greater than 1,000 pounds but less than 10,000 pounds during the calendar year shall pay a fee of $1,000.00 $1,150.00 for that calendar year; and (D) A facility with a reported release equal or greater than 10,000 pounds during the calendar year shall pay a fee of $1,500.00 $1,725.00 for that calendar year. (b) All hazardous waste and hazardous substance fees required by subsection (a) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The division shall collect such fees until the unencumbered principal balance of the hazardous waste trust fund equals or exceeds $25 million, at which time no hazardous waste or hazardous substance fees shall be levied until the balance in that fund is less than or equal to an unencumbered balance of $12.5 million, in which case the levy and collection of hazardous waste fees shall resume at the beginning of the next calendar year following the year in which such unencumbered balance occurs. The director shall provide written notice to all large quantity generators and hazardous waste treatment, storage, and disposal facilities and all persons who are required to report pursuant to Sections 312 and Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 at such time as the director receives notice that the unencumbered principal balance of the fund equals or exceeds $25 million or is equal to or less than $12.5 million. (c) All hazardous waste fees levied under this Code section shall be based on the amounts of hazardous waste managed or imported within the preceding calendar year. Such fees for the period July 1, 1992, through December 31, 1992, shall be paid to the division not later than July 1, 1993. All subsequent hazardous waste fees shall be paid not later than the first day of July of each year for the preceding calendar year. (d) All hazardous substance fees levied under this Code section shall be based on the hazardous substances reported for the preceding calendar year. All hazardous substance fees shall be paid not later than the first day of July of each year for the preceding calendar year. (e) Persons who make payments of fees levied by this Code section later than 30 days after the due date specified in subsection (c) of this Code section shall pay a penalty of 15 percent of the balance due and shall pay interest on the unpaid balance at the rate imposed by law for delinquent taxes due to the state. Delinquent fees may be collected in a civil action instituted in the name of the director. In addition to the 15 percent penalty and the interest that may be collected along with the delinquent fees as provided in this subsection, the director shall be entitled to collect all costs, including administrative costs, and legal expenses incurred by the state in connection with its collection efforts.

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(f) Hazardous waste which is generated by any of the following means is exempted from the fees required by this Code section:
(1) Corrective action required by an order, permit, or approved closure plan issued pursuant to Part 1 of this article; (2) Voluntary corrective action required by any person in accordance with applicable laws and regulations; and (3) Response actions required under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. (g) The following persons shall not be required to pay the hazardous substance reporting fees required by this Code section: (1) Persons who report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 only for substances not designated as regulated substances pursuant to rules and regulations of the board; and (2) Persons who report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 only for petroleum fuels, lubricants, and hydraulic fluids and components thereof that are designated as regulated substances pursuant to rules and regulations of the board. (h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2003 2013. (i) In accordance with rules promulgated by the board pursuant to paragraph (6) of Code Section 12-8-93, the director is authorized to grant a waiver of a portion of the hazardous waste management fees and hazardous substance reporting fees provided by subsection (a) of this Code section not to exceed a 25 percent reduction per year for a maximum of three years for any company as an incentive upon the recommendation of the director of the Pollution Prevention Assistance Division made in conjunction with programs and activities designed to encourage industries in the state to reduce their generation of wastes, including but not limited to programs established to recognize and reward pollution performance and environmental improvement. (j) Beginning July 1, 2003, and continuing annually thereafter, federal agencies shall pay the hazardous waste management fees required by this Code section provided an amount not less than the sum of all fees collected from federal agencies is appropriated annually to the department and used in accordance with subsection (b) of Code Section 12-8-91 and used for the purposes set forth in paragraph (3) of subsection (b) of Code Section 12-8-95."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-8-96.1, relating to liability for cleanup costs, punitive damages, actions for recovery of costs and damages, and claims for contribution, and inserting in lieu thereof the following:
"(a) Each and every person who contributed to a release of a hazardous waste, a hazardous constituent, or a hazardous substance shall be jointly, severally, and strictly liable to the State of Georgia for the reasonable costs of activities associated with the

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cleanup of environmental hazards, including legal expenses incurred by the state pursuant to subsection (a) of Code Section 12-8-96, as a result of the failure of such person to comply with an order issued by the director. Any such person shall be so liable notwithstanding the absence of the issuance of an order to such person pursuant to subsection (a) of Code Section 12-8-96 if the director is unable to identify such person prior to the commencement of clean-up action after making a reasonable effort to do so pursuant to such Code section, or if such person contributed to a release which resulted in an emergency action by the director and issuance of such an order would cause a delay in corrective action that could endanger human health and the environment. The person may, in addition, be liable for punitive damages in an amount at least equal to the costs incurred by the state and not more than three times the costs incurred by the state for activities associated with the cleanup of environmental hazards. Costs and damages incurred by the state may be recovered in a civil action instituted in the name of the director. All costs recovered by the state pursuant to this Code section shall be deposited into the hazardous waste trust fund."
SECTION 6. Said chapter is further amended by striking in its entirety Article 9, the "Georgia Hazardous Site Reuse and Redevelopment Act", and inserting in lieu thereof the following:
"ARTICLE 9 12-8-200. This article shall be known and may be cited as the "Georgia Hazardous Site Reuse and Redevelopment Act."
12-8-201. (a) It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to encourage the clean up, reuse, and redevelopment of properties where there have been releases of hazardous waste, hazardous constituents, and hazardous substances, into the environment. (b) The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (a) of this Code section by and through the division with application review fees established and collected by the division pursuant to Code Section 12-8-209. The General Assembly further declares its intent to ensure that the funding provided by the application review fees will not be diverted for any purpose other than the administration of this article by the division. Appropriation of funds to the Department of Natural Resources for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 shall be deemed consistent with this declaration of legislative intent.

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12-8-202. (a) Unless otherwise provided in this article, the definition of all terms included in Code Sections 12-8-62 and 12-8-92 shall be applicable to this article. (b) As used in this article, the term:
(1) 'Certificate of compliance' means the certification of compliance with a corrective action plan required by Code Section 12-8-206 12-8-207. (2) 'Corrective action plan' means the corrective action plan required by Code Section 12-8-206 12-8-207. (3) 'Groundwater' means any subsurface water that is in a zone of saturation. (3)(4) 'Hazardous site inventory' means the hazardous site inventory published by the division pursuant to Code Section 12-8-97. (4) 'HSI site' means a property listed on the hazardous site inventory. (5) 'Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchasers application for a limitation of liability pursuant to Code Section 12-8-206 this article. (6) 'Prospective purchaser' means a person who intends to purchase a property which is part of a site listed on the hazardous site inventory where there is a preexisting release. (7) 'Qualifying property' means a property which meets the criteria of Code Section 12-8-204 12-8-205 which a prospective purchaser intends to purchase and bring into compliance with the risk reduction standards. (8) 'Risk reduction standards' means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter. (9) 'Soil' means any unconsolidated earth material, together with any unconsolidated plant or animal matter or foreign material that has been incorporated into it, that either consists of or remains within, or comes to be deposited on, native soil or regolith. (10) 'Source material' means any hazardous waste, hazardous substance, or hazardous constitutent that has been released or disposed of that requires notification in accordance with the rules promulgated by the board pursuant to Part 2 of Article 3 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Response Act.'
12-8-20212-8-203. (a) The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain property or qualifying properties listed on the hazardous site inventory. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. (b) The boards rules and regulations shall include, but shall not be limited to, the following:
(1) Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability;

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(2) Rules and regulations governing procedures for application and approval of prospective purchasers seeking a limitation of liability; and (3) Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability.
12-8-20312-8-204. (a) The director shall have the power and duty:
(1) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability; (2) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the qualifying property into compliance with the risk reduction standards; (3) To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a qualifying property prior to concurrence with a certification of compliance; (4) To approve corrective action plans; and (5) To concur with certifications of compliance; and (6) To assess and collect application review fees from prospective purchasers. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.
12-8-20412-8-205. In order to be considered a qualifying property for a limitation of liability as provided in Code Section 12-8-206 12-8-207, a property must meet the following criteria:
(1) The property must be part of a site listed on the hazardous site inventory have a preexisting release; (2) Any lien filed under subsection (e) of Code Section 12-8-96 against the property must be satisfied or settled and released by the director pursuant to Code Section 128-94; (3) The property must not:
(A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such act; or (C) Be a hazardous waste facility as defined in Code Section 12-8-62; and (4) The property shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.

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12-8-20512-8-206. (a) To qualify for a limitation of liability as provided in Code Section 12-8-206 12-8207, a prospective purchaser must meet the following criteria:
(1) The prospective purchaser must not be a person who has contributed or who is contributing to a release of regulated substances, as defined in paragraph (9) of Code Section 12-8-92, at the HSI site of which at the qualifying property is a part; (2) Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject property HSI site or any person who has contributed or is contributing to a release of hazardous materials on at the subject property HSI site; (3) Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the subject property HSI site or any person who has contributed or is contributing to a release of hazardous materials on at the subject property HSI site; (4) The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and (5) The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-202 12-8-203. (b) The director may grant a variance from the eligibility requirements contained in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no other qualified prospective purchaser has applied for a limitation of liability for the qualifying property, and that: (1) Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment; (2) The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and (3) In all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section 12-8-96.1. The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such variance.
12-8-20612-8-207. (a) Upon the directors approval of the prospective purchaser corrective action plan or concurrence with the certification of compliance described in this Code section, whichever first occurs, a prospective purchaser shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release, nor shall the prospective purchaser be required to certify compliance with risk reduction standards for groundwater, perform

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corrective action, or otherwise be liable for any preexisting releases to groundwater associated with the qualifying property at the HSI site of which the qualifying property is part.
(b) (1) For those HSI sites qualifying properties which the director has designated as needing corrective action in accordance with paragraph (8) of subsection (a) of Code Section 12-8-97, any party desiring to qualify for a limitation of liability pursuant to this Code section shall submit a prospective purchaser corrective action plan to the division. The corrective action plan shall, at minimum, enumerate and describe in detail those actions planned and proposed to bring any source material or soil found on the qualifying property into compliance with all applicable rules and regulations adopted by the board governing the investigation, cleanup, and corrective action at properties listed on the hazardous site inventory. A corrective action plan submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board. (2) The prospective purchaser shall submit proof of financial assurance, in such form as specified by the director, of his or her ability to implement the corrective action plan. (3) Upon the directors approval of the prospective purchaser corrective action plan, it shall be the responsibility of the prospective purchaser to implement said plan. The directors approval of a prospective purchaser corrective action plan shall not in any way be construed as a guarantee, promise, or assurance that the director will concur with the prospective purchasers certification of compliance with the risk reduction standards for source material and soil in accordance with the provisions of this Code section. Compliance with the appropriate risk reduction standards for source material or soil in effect at the time the directors concurrence is sought is the sole responsibility of the prospective purchaser. The prospective purchaser shall not acquire a vested right to the directors concurrence regardless of the expenditure of money. The prospective purchaser shall implement the corrective action plan with the understanding that the requirements of corrective action necessary to obtain a limitation of liability are subject to change because of newly discovered facts or subsequent changes in state or federal laws, rules, or regulations. (4) The directors approval of the prospective purchaser corrective action plan shall specify a time within which the prospective purchaser must certify the qualifying property to be in compliance with the risk reduction standards for source material or soil in order to maintain the limitation of liability provided for by subsection (a) of this Code section. The director may revoke the limitation of liability provided for by subsection (a) of this Code section if the prospective purchaser fails to comply with certify compliance within such time requirement. (5) If at any time the director determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards for source material or soil or that the corrective action is not being implemented in accordance with the corrective action plan, the director may revoke his or her approval of the plan and the limitation of liability by

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providing the prospective purchaser with written notification specifying the basis for making such determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the corrective action plan within a specified time. If at any time the prospective purchaser determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards for source material or soil, the prospective purchaser shall notify the director and obtain approval of the proposed modification. (6) A prospective purchaser shall, upon completion of those activities specified in the corrective action plan, submit to the director a compliance status report certifying the compliance of the qualifying property any source material or soil found on the qualifying property with the risk reduction standards for source material or soil and corrective action requirements. The qualifying property will be deemed in compliance with the source or soil contamination risk reduction standards upon the prospective purchasers receipt of the directors written concurrence with the compliance status report. (c) For those sites listed on the hazardous site inventory qualifying properties which the director has not yet designated as being in need of corrective action, any party desiring to qualify for a limitation of liability as provided in this Code section shall certify the qualifying property to be in compliance with the risk reduction standards for source material or soil by submitting a compliance status report to the division in such form as provided by rules and regulations adopted by the board. A compliance status report submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board. The qualifying property will be deemed in compliance with the risk reduction standards for source material or soil upon the prospective purchasers receipt of the directors written concurrence with the compliance status report. (d) A person who holds indicia of ownership executed by the prospective purchaser primarily to protect said persons security interest in the qualifying property or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances on or from the qualifying property shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release at the HSI site of which the qualifying property is part qualifying property. (e) When a person who holds indicia of ownership executed by the prospective purchaser primarily to protect said persons security interest in the qualifying property takes title to the qualifying property from the prospective purchaser via foreclosure or a deed in lieu of foreclosure, such new titleholder shall maintain his or her limitation of liability under subsection (d) of this Code section if: (1) The director is informed in writing of the transfer of title; and (2) Within 180 days, or such other time period as specified by the director, of said transfer of title, the new titleholder:

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(A) Presents the name of a new party who qualifies as a prospective purchaser for the qualifying property along with said new partys written assurance, including financial assurance, that the prospective purchaser corrective action plan will be fully implemented; or (B) Submits a statement in writing that the new titleholder complies with the requirements applicable to prospective purchasers under this article.
12-8-20712-8-208. (a) The limitation of liability provided by subsection (a) of Code Section 12-8-206 128-207 shall be contingent upon the prospective purchasers good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk reduction standards and corrective action requirements. Such limitation of liability shall not be applicable to any activities conducted on the qualifying property before the directors approval of the corrective action plan or concurrence with a certification of compliance, whichever first occurs, or during any time the directors approval of the corrective action plan has been suspended or revoked. (b) The limitation of liability provided by this article shall not affect any right of indemnification which any person has or may acquire by contract against any other person who is otherwise liable for creating an environmental hazard; apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process; or apply to any release occurring or continuing after the date of the certification of compliance unless any such continuing release is specifically addressed in the directors concurrence with the certification of compliance. (c) The limitation of liability provided by this article shall be fully transferable to the heirs, assigns, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the directors approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person responsible for who has contributed or is contributing to a release on at the HSI site from which the qualifying property originated qualifying property. A transfer of the title to the qualifying property or any portion thereof from the prospective purchaser back to the owner of the HSI site property from which the qualifying subject property was purchased, any other party deemed to be a person responsible for who has contributed or is contributing to a release on at the HSI site property, or any person disqualified from obtaining a limitation of liability under Code Section 12-8-205 12-8-206 shall terminate any limitation of liability applicable to the transferor under this article. (d) For the purpose of determining liability for continuing or future releases of regulated substances upon or from any qualifying property for which the director has concurred with a certification of compliance pursuant to Code Section 12-8-206 12-8207, the background or baseline concentration for any and all regulated substances releases for which corrective action was performed or compliance certified or both shall

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be equivalent to the risk reduction standard for which compliance was certified in order to invoke the limitation of liability. (e) The limitation of liability provided by this article shall have no effect on liability for releases of hazardous waste, hazardous constituents, or hazardous substances not addressed in the corrective action plan or the certification of compliance. Any such release shall constitute a new, separate, and distinct release, subject to the provisions of Part 2 of Article 3 of this chapter. (f) Nothing in this article shall limit the authority of the director or the division to take action in response to any release or threat of release of regulated substances. Except as provided in this article, nothing shall limit the authority of the director or the division to seek recovery of costs from persons liable under Part 2 of Article 3 of this chapter.
12-8-209. The initial compliance status report or a corrective action plan submitted for any qualifying property under Code Section 12-8-207 shall be deemed to be an application to participate in the program described in this article and shall be submitted in such form as may be prescribed by the director. By making said initial submission, the prospective purchaser agrees to the provisions of this Code section. A nonrefundable application review fee of $3,000.00 shall be submitted with the application. Within 30 days of the receipt of the application, the director shall cause to be prepared and delivered to the applicant an estimate of the projected costs of the division to review the application. The director may, at any time during the application review process, invoice the applicant for any costs of the division in reviewing the application that exceed the initial application review fee. Failure to remit payment within 30 days of receipt of invoice may cause rejection of the application. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the prospective purchaser."
SECTION 7. This Act shall become effective on July 1, 2002, except for Section 4, which shall become effective on July 1, 2003.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch N Bunn
Burkhalter Y Burmeister Y Byrd E Callaway E Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

E Cox Y Crawford Y Cummings N Davis E Day
Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner N Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean N O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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 Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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
Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Wilkinson of the 43rd 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 1111. By Representatives Shanahan of the 10th, Hanner of the 159th, Stokes of the 92nd, McCall of the 90th, Jackson of the 112th and others:

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A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by general law for the separate classification and taxation of properties on which there have been releases of hazardous waste, hazardous constituents, and hazardous substances into the environment; to provide for a setoff of all or a portion of the costs associated with remedial action against any increase in ad valorem taxation resulting from such remedial action; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by general law for the separate classification and taxation of properties on which there have been releases of hazardous waste, constituents, or substances into the environment so as to encourage cleanup, reuse, and redevelopment of such properties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (d) and inserting in its place a new subparagraph (d) to read as follows:
"(d)(1) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action."

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SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the General Assembly may provide by general law for the separate classification and taxation of properties on which there have been releases of hazardous waste, constituents, or substances into the environment so as to encourage cleanup, reuse, and redevelopment of such properties?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway

E Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

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
Manning

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

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E Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide remedies for the imposition of excessive regulatory fees by a county or municipal government; to provide for complaints to the Department of Community Affairs and for civil actions; to provide for jurisdiction and remedies; to provide for authority and duties of the Department of Community

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Affairs regarding such complaints; to provide for annual reports; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by inserting a new Code section to be designated Code Section 48-13-9.1 to read as follows:
"48-13-9.1. (a) The Department of Community Affairs is authorized and directed to collect information regarding complaints alleging the imposition by any county or municipal corporation of regulatory fees which exceed the limitations set out in subsection (a) of Code Section 48-13-9. Upon receipt of written complaints from five different businesses or practitioners involving the same local government within a period of six months, such department shall request, at a minimum, the following information from the local government for the preceding year: the total amount of regulatory fees collected; the total costs to the local government of regulating the activities of businesses and practitioners of occupations subject to such fees, including but not limited to personnel and administrative costs; and an explanation of how the fees are determined, including any list of fees or formula for calculating fees. The department may request a list of businesses and practitioners who paid such fees, including name and address, the amount of fees each paid, and other information relevant to the complaints. (b) The Department of Community Affairs shall have the authority to require local governments to submit the information requested in accordance with this Code section as a condition of receiving state appropriated grant funds from the department. Upon the receipt of the information requested from the local government, the Department of Community Affairs is authorized to release any state appropriated grant funds that may be due at such time to the local government. (c) Upon the compilation of the information received from the local government, the Department of Community Affairs shall make such information available to the complainants identified in subsection (a) of this Code section. (d) The department shall report annually to the Governor and the chairpersons of the House Committee on Ways and Means and the Senate Finance and Public Utilities Committee the information it compiled from complaints regarding regulatory fees imposed by local governments. (e) Businesses and practitioners subject to regulatory fees may make complaints to the Department of Community Affairs if they believe that a county or municipal corporation is imposing regulatory fees which exceed the limitations set out in Code Section 48-13-9. Businesses and practitioners subject to regulatory fees may enforce the limitations relating to the amount of regulatory fees set out in Code Section 48-13-9

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by filing a civil action in the superior, state, or magistrate court of the county which is imposing such fees or the county in which the city imposing such fees is located. Where a civil action is filed after the procedures in subsections (a), (b), and (c) of this Code section are completed, a judgment against a county or municipal corporation in such an action shall include recovery of wrongful fees and reasonable attorneys fees. Any county or municipal corporation against which a final judgment is issued for unlawful regulatory fees in an action authorized by this subsection shall refund the unlawful portion of such regulatory fees to those businesses and practitioners who have paid unlawful fees in the past fiscal year and requested a refund in writing."
SECTION 2. This Act shall become effective on January 1, 2003.
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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway

E Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps
Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

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
Manning

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires N Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

E Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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E Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

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Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1525. By Representative Royal of the 164th:
A BILL to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, and Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to change procedures and enactment requirements regarding local bills; to change certain limitations with respect to effective dates of local bills; and for other purposes.

The following amendment was read and adopted:

Representatives Shanahan of the 10th and Royal of the 164th move to amend HB 1525 on line 23 of page 4 by deleting the word "Reserved" and inserting in its place the following:
"Notwithstanding the provisions of O.C.G.A. Section 1-3-4, no general Act which provides for an increase in compensation to one or more of the county officials listed in Article IX, Section I, Paragraph III or Chapter 10 of Title 15 of the Official Code of Georgia Annotated shall be effective until the first day of January following passage of the Act."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway E Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

E Cox Y Crawford Y Cummings Y Davis E Day
Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves
Greene 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 Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes 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
Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R 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.

Due to a mechanical malfunction, the vote of Representative Shaw of the 176th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

FRIDAY, MARCH 8, 2002

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HB 1284. By Representatives Smith of the 169th, Mosley of the 171st, Smith of the 12th, Byrd of the 170th, Lane of the 146th and others:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd E Callaway E Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

E Cox Y Crawford Y Cummings N Davis E Day
Dean Y Deloach, B Y Deloach, G N Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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 E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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 Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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On the passage of the Bill, the ayes were 151, nays 10. The Bill, having received the requisite constitutional majority, was passed.

HB 1519. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter N Burmeister Y Byrd E Callaway E Campbell Y Cash

E Cox Y Crawford Y Cummings Y Davis E Day Y Dean Y Deloach, B Y Deloach, G Y Dix Y Dodson E Drenner E Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner Y Harbin E Harrell Y Heard

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
Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Massey Y McBee

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote E Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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 Channell Y Childers N Coan E Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

FRIDAY, MARCH 8, 2002

Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y McCall Y McClinton
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

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Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 154, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Skipper of the 137th assumed the chair.

The following Resolutions of the House were read and adopted:

HR 1349. By Representative Jackson of the 148th:
A RESOLUTION expressing regret at the passing of Reverend Joseph C. Coats, Sr.; and for other purposes.

HR 1350. By Representative Smyre of the 136th:
A RESOLUTION expressing regret at the passing of Johnny C. Johnson; and for other purposes.

HR 1351. By Representative Smyre of the 136th:
A RESOLUTION expressing regret at the untimely passing of Mr. Collier St. Clair; and for other purposes.

HR 1352. By Representatives Bordeaux of the 151st, Jackson of the 148th, Mueller of the 152nd, Murphy of the 18th and Brooks of the 54th:
A RESOLUTION commending Honorable Dorothy B. Pelote; and for other purposes.

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HR 1353. By Representatives Coleman of the 142nd, Cummings of the 27th, Twiggs of the 8th and Childers of the 13th: A RESOLUTION acknowledging the contributions of Senior Georgians; recognizing Senior Week at the Capitol; and for other purposes.
HR 1354. By Representatives Morris of the 155th and Crawford of the 129th: A RESOLUTION recognizing Tuesday, March 19, 2002, as "Sportsmen's Day at the state capitol"; and for other purposes.
HR 1355. By Representative Hudson of the 120th: A RESOLUTION commending Johnny Warren; and for other purposes.
HR 1356. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Buck of the 135th and others: A RESOLUTION commending Arthur M. Blank; and for other purposes.
HR 1357. By Representatives Mangham of the 75th, Walker of the 87th and Tillman of the 173rd: A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing Clergy Day at the Georgia State Capitol; and for other purposes.
HR 1358. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A RESOLUTION expressing regret at the passing of James Alvin Andrews, Sr.; and for other purposes.
HR 1359. By Representative Houston of the 166th: A RESOLUTION recognizing and commending Jesse McMillan; and for other purposes.

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HR 1360. By Representative Houston of the 166th: A RESOLUTION recognizing and commending Elmon Joe Harris; and for other purposes.
HR 1361. By Representative DeLoach of the 119th: A RESOLUTION expressing congratulations and best wishes to Mary Lou English Usry on the occasion of her 100th birthday; and for other purposes.
HR 1362. By Representatives West of the 101st, Childers of the 13th, Orrock of the 56th, Henson of the 65th and McClinton of the 68th: A RESOLUTION commending the Complementary/Alternative Medical Association; and for other purposes.
HR 1363. By Representative Murphy of the 18th: A RESOLUTION recognizing and commending Beverly Moody; and for other purposes.
HR 1364. By Representative Murphy of the 18th: A RESOLUTION recognizing and commending Ruth Patch; and for other purposes.
HR 1365. By Representative Orrock of the 56th: A RESOLUTION recognizing and commending Georgia Institute of Technology; and for other purposes.
HR 1366. By Representative Teper of the 61st: A RESOLUTION recognizing and commending Dr. Arthur Freeman; and for other purposes.

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HR 1367. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th, Jackson of the 148th, Purcell of the 147th and others: A RESOLUTION commending the Savannah Arts Academy Academic Decathlon Team; and for other purposes.
HR 1368. By Representatives Buckner of the 95th, Barnes of the 97th, Dodson of the 94th and Seay of the 93rd: A RESOLUTION commending Wayne Fielder; and for other purposes.
HR 1369. By Representatives Stephens of the 150th, Byrd of the 170th, Graves of the 125th and Watson of the 70th: A RESOLUTION recognizing and commending the New York Shields Pipes and Drums Band; and for other purposes.
HR 1370. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th, Jackson of the 148th, Manning of the 32nd and others: A RESOLUTION commending Ronald Sheppard; and for other purposes.
HR 1371. By Representative Powell of the 23rd: A RESOLUTION endorsing the designation of The Charles E. Bradshaw Pedestrian Bridge in the City of Franklin Springs; and for other purposes.
Representative Smith of the 169th District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment 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 1667 Do Pass

FRIDAY, MARCH 8, 2002

1731

Respectfully submitted, /s/ Smith of the 169th
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 848 Do Pass HR 851 Do Pass HR 985 Do Pass HR 1038 Do Pass HR 1074 Do Pass HR 1105 Do Pass

HR 1146 Do Pass HR 1178 Do Pass HR 1179 Do Pass HR 1284 Do Pass HR 1308 Do Pass HR 1310 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 1179. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Buck of the 135th, Smyre of the 136th and others:
A RESOLUTION commending Dr. Stephen R. Portch as the Chancellor of the University System of Georgia and inviting him to appear before this body; and for other purposes.

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HR 1284. By Representatives Benfield of the 67th, Henson of the 65th and Ragas of the 64th:
A RESOLUTION commending Robert J. Smith and inviting him to appear before the House of Representatives; and for other purposes.

HR 1310. By Representative Smith of the 91st:
A RESOLUTION recognizing and commending William B. Roper, Jr. and inviting him to appear before the House of Representatives; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1085. By Representatives Rice of the 79th, Unterman of the 84th, Coleman of the 80th, Massey of the 86th, Williams of the 83rd and others:
A BILL to amend an Act creating the Board of Commissioners of Gwinnett County, so as to reapportion the commissioner districts; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act creating the Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved April 20, 1992 (Ga. L. 1992, p. 6548), so as to reapportion the commissioner districts; to provide for definitions and inclusions; to provide for members currently serving; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; 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:

FRIDAY, MARCH 8, 2002

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SECTION 1. An Act creating the Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved April 20, 1992 (Ga. L. 1992, p. 6548), is amended by striking in their entirety subsections (b) and (c) of Section 3 and inserting in lieu thereof the following:
"(b) The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: senate(revised) Plan Type: Local User: Gina Administrator: Gwinnett. (c) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Gwinnett County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Gwinnett County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia."
SECTION 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Commissioners of Gwinnett County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Gwinnett County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

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SECTION 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Gwinnett County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
District 001 Gwinnett County
Tract: 501.06 BG: 6 6032 6033 6052 6053 6054 6055 6056 6057 Tract: 502.02 BG: 1 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1995 1996 1997 1998 1999 BG: 2 Tract: 502.04 Tract: 502.05 Tract: 502.06 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1998 1999 BG: 2 BG: 3 Tract: 502.07 Tract: 503.13 BG: 3 3000 3001 3004 3005 BG: 7 7000 7001 7005 7009

FRIDAY, MARCH 8, 2002
Tract: 503.14 BG: 2 2000 BG: 3 3005 3006 3007 BG: 4 Tract: 504.10 BG: 4 4001 4002 4003 Tract: 504.11 BG: 4 4010 4011 Tract: 504.17 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 Tract: 504.21 Tract: 504.23 BG: 3 BG: 4 Tract: 504.24 Tract: 505.07 BG: 3 3005 3006 3007 3008 3009 3010 Tract: 505.10 Tract: 505.11 Tract: 505.12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1998 1999 BG: 2 BG: 3 Tract: 505.13 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1025 1026 1027 1028 1029 1030 1031 1034 1995 1996 1997 1998 1999 Tract: 505.17 Tract: 505.18 BG: 3 BG: 4 4000 BG: 6

1735

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JOURNAL OF THE HOUSE

Tract: 505.19 BG: 5 5007 BG: 7 7000 7001 7002 7003 7004 7005 7006 7007 7008 7009 7012

District 002 Gwinnett County
Tract: 502.06 BG: 1 1012 1013 1014 1015 1016 1017 1018 1995 1996 1997 Tract: 503.04 Tract: 503.06 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 Tract: 503.12 Tract: 503.13 BG: 1 BG: 2 BG: 3 3002 3003 BG: 4 BG: 5 BG: 7 7002 7003 7004 7006 7007 7008 Tract: 503.14 BG: 1 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 BG: 3 3000 3001 3002 3003 3004 Tract: 503.15 Tract: 503.16 Tract: 504.03 Tract: 504.10 BG: 1 BG: 4 4000 4004 4005 4006 4007 4008 4009 BG: 5

FRIDAY, MARCH 8, 2002
Tract: 504.11 BG: 1 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4012 4013 4014 4015 4016 4017 BG: 5 BG: 6 Tract: 504.17 BG: 1 1000 1001 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.22 Tract: 504.23 BG: 1 Tract: 504.25 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3018 Tract: 504.26 BG: 4 BG: 5 BG: 6 BG: 7 7000 7001 BG: 8 8003 8004 Tract: 504.27 Tract: 504.28 Tract: 507.12 BG: 3 3998 3999
District 003 Gwinnett County
Tract: 504.15 Tract: 504.16 Tract: 504.25

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BG: 3 3014 3015 3016 3017 3019 3020 Tract: 504.26 BG: 7 7002 7003 7004 7005 7006 BG: 8 8000 8001 8002 BG: 9 Tract: 504.29 Tract: 504.30 Tract: 505.09 BG: 4 4000 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 Tract: 506.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 BG: 4 BG: 5 Tract: 506.03 BG: 2 2010 2011 2038 2039 2040 2041 2042 2043 2044 Tract: 506.04 BG: 1 BG: 2 2051 2052 2053 2067 2068 2069 BG: 3 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 Tract: 507.04 Tract: 507.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074

FRIDAY, MARCH 8, 2002
1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1999 BG: 2 Tract: 507.09 Tract: 507.12 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 Tract: 507.17 Tract: 507.18 Tract: 507.19 Tract: 507.20 Tract: 507.21
District 004 Gwinnett County
Tract: 501.03 Tract: 501.04 Tract: 501.05 Tract: 501.06 BG: 5 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6034 6035 6036 6037 6038 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 6051 BG: 7 Tract: 502.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 Tract: 505.07 BG: 2 BG: 3 3000 3001 3002 3003 3004 3011 3012 3013 3014 3015 3016 3017

1739

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JOURNAL OF THE HOUSE

3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 BG: 7 Tract: 505.09 BG: 1 BG: 2 BG: 3 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4999 Tract: 505.12 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 Tract: 505.13 BG: 1 1016 1017 1018 1023 1024 1032 1033 1035 1036 1037 1038 1039 BG: 2 BG: 3 Tract: 505.14 Tract: 505.15 Tract: 505.16 Tract: 505.18 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 Tract: 505.19 BG: 4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5008 5998 5999 BG: 7 7010 7011 7013 Tract: 505.20 Tract: 505.21 Tract: 505.22 Tract: 506.02 BG: 3 3020 3050 3051 3052 3053 3054 3067 3068 Tract: 506.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 Tract: 506.04 BG: 2

FRIDAY, MARCH 8, 2002
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2070 2071 2072 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 Tract: 507.05 BG: 1 1017 1018 1019

1741

Representative Rice of the 79th moved that the House agree to the Senate substitute to HB 1085.
On the motion the ayes were 120, nays 0.
The motion prevailed.

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 885 Do Pass, by Substitute SB 36 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

The following communication was received:

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JOURNAL OF THE HOUSE
House of Representatives Legislative Office Building, Room 504-A
Atlanta, Georgia 30334

March 7, 2002

Honorable Robbie Rivers Clerk of the House Third Floor State Capitol Atlanta, Georgia 30334
Dear Robbie:
This letter is to inform you of my absence from the 2002 Georgia General Assembly as of Friday, March 1, 2002. I had surgery on Friday and, at present, recuperating nicely at home. I will let you know through my Executive Assistant, Pat Jackson as to when the doctors will release me to return.
I thank you for all your prayers and assistance during my absence.
Sincerely,
/s/ Billy J.E. "Billy" McKinney State Representative, District 51
pj

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 18, 2002.

MONDAY, MARCH 18, 2002

1743

Representative Hall, Atlanta, Georgia Monday, March 18, 2002

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 Bannister Barnard Bell Birdsong Black Boggs Bridges Brooks Broome Brown Buck Buckner Bulloch Burmeister Byrd Callaway Campbell Channell Childers Coan Coleman, B Collins Connell

Cox Crawford Cummings Davis Day Deloach, B Deloach, G Dodson E Drenner E Dukes Ehrhart Everett Forster Franklin Golick Graves Greene Hammontree Hanner Harbin Harrell Heard Hembree Henson

Hines Holland Howard Hudgens Hudson, N Hudson, S Hugley Jackson, B James Jennings Johnson Jordan Keen Lane Lanier Lewis Lord Lunsford Mangham Manning Massey McBee McKinney Mills

Morris Mosley Mueller Muntean O'Neal Orrock Parsons Pelote Pinholster Purcell Reece Reichert Richardson Roberts, D Roberts, L Royal Sanders Scheid Seay Shanahan Shaw Skipper Smith, B Smith, C

Smith, L Smith, P Smith, T Smith, V E Snelling Stallings Stanley-Turner Stephens Stokes Teper Tillman Twiggs E Unterman Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Williams, R 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, Ashe of the 46th, Barnes of the 97th, Benfield of the 67th, Bordeaux of the 151st, Borders of the 177th, Bunn of the 74th, Burkhalter of the 41st, Cash of the 108th, Coleman of the 142nd, Cooper of the 31st, Dean of the 48th, Epps of the 131st, Floyd of the 138th, Gardner of the 47th, Grasse of the 16th, Heckstall of the 55th, Holmes of the 53rd, Houston of the 166th, Irvin of the 45th, Jackson of the 148th, Jamieson of the 22nd, Jenkins of the 110th, Joyce of the 1st, Kaye of the 37th, Knox of the 28th, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, McClinton of the 68th, Millar of the 59th, Mobley of the 69th, Parham of the 122nd, Parrish of the 144th, Poag of the 6th, Porter of the 143rd, Powell of the 23rd,

1744

JOURNAL OF THE HOUSE

Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reed of the 52nd, Rice of the 79th, Rogers of the 20th, Sailor of the 71st, Scott of the 165th, Sholar of the 179th, Sinkfield of the 57th, Smith of the 19th, Smyre of the 136th, Snow of the 2nd, Squires of the 78th, Stanley of the 49th, Taylor of the 134th, Teague of the 58th, Walker of the 141st, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by Dr. Ben C. Martin, Pastor, Springfield United Methodist Church, Springfield, 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:

MONDAY, MARCH 18, 2002

1745

HB 1708. By Representative Smyre of the 136th:
A BILL to amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to powers of development authorities generally, so as to change certain provisions relating to powers of appointment; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1709. By Representatives Franklin of the 39th, O'Neal of the 139th, Amerson of the 7th, Joyce of the 1st, Callaway of the 81st and others:
A BILL to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to provide for a statement to be attached to any bill introduced which would result in the expenditure of state funds; to provide that any bill introduced without such statement attached shall be out of order; and for other purposes.
Referred to the Committee on Appropriations.
HB 1710. By Representative Twiggs of the 8th:
A BILL to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" certain personnel of county jails; and for other purposes.
Referred to the Committee on Public Safety.
HB 1711. By Representative McCall of the 90th:
A BILL to provide a new charter for the City of Bowman; and for other purposes.

1746

JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1712. By Representatives Hudson of the 120th and Jackson of the 112th:
A BILL to amend an Act providing for a seven-member Board of Education of McDuffie County, so as to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1713. By Representatives Hudson of the 120th and Jackson of the 112th:
A BILL to amend an Act creating a Board of Commissioners of McDuffie County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1714. By Representatives Hudson of the 120th and Jackson of the 112th:
A BILL to amend an Act creating a new charter for the City of Thomson, so as to revise the districts for the election of members of the city council; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1715. By Representatives Holmes of the 53rd, Orrock of the 56th, Drenner of the 66th, Brooks of the 54th and Mobley of the 69th:
A BILL to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding dentists and dential hygienists, so as to prohibit the use of mercury amalgam fillings by a dentist under certain circumstances; and for other purposes.

Referred to the Committee on Health & Ecology.

MONDAY, MARCH 18, 2002

1747

HB 1716. By Representative Stephens of the 150th:
A BILL to amend an Act creating a new charter for the City of Bloomingdale, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1717. By Representatives Unterman of the 84th, Knox of the 28th and Muntean of the 85th:
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 replace one of the road corridors within such Developmental Highway System; and for other purposes.
Referred to the Committee on Transportation.
HB 1718. By Representatives Manning of the 32nd and Reece of the 11th:
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 member of a medical facility in specified circumstances shall not be prosecuted for specified crimes because of such act; and for other purposes.
3/15/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1718. This notice is made prior to or upon reading the Bill the first time.

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JOURNAL OF THE HOUSE

/s/ Representative Manning District 32
Referred to the Committee on Judiciary.
HB 1719. By Representatives McBee of the 88th, Hudgens of the 24th and Heard of the 89th:
A BILL to provide for a homestead exemption from certain Clarke 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 for certain residents of that school district who are 65 years of age or older; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1720. By Representatives Stokes of the 92nd, Ragas of the 64th, Teper of the 61st, Richardson of the 26th and Knox of the 28th:
A BILL to amend Code Section 42-8-65 of the Official Code of Georgia Annotated, relating to use of prior finding of guilt in subsequent prosecutions, release of records of discharge, modification of records to reflect conviction, and the effect of confinement sentences where guilt is not adjudicated, so as to change the provisions relating to first offender dispositions and the release of records thereof; and for other purposes.
Referred to the Committee on Judiciary.
HB 1721. By Representative Murphy of the 18th:
A BILL to amend the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority; to specify procedures for such purchases and sales; to remove the limit on the principal amount of revenue bonds which can be issued; and for other purposes.

MONDAY, MARCH 18, 2002

1749

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1722. By Representative Bell of the 25th: A BILL to amend an Act to incorporate the town of Nicholson, in the County of Jackson, so as to provide for the 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; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1723. By Representative Bell of the 25th: A BILL to amend an Act providing a new charter for the City of Commerce, so as to change the compensation for members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1724. By Representatives Epps of the 131st and Skipper of the 137th: A BILL to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the determination of location of a retail package store licensed by municipal or county governing authorities, so as to authorize local governing authorities to waive a certain restriction under certain conditions; and for other purposes.
3/14/2002 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes

1750

JOURNAL OF THE HOUSE

notice of a motion to engross HB 1724. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Epps District 131

Referred to the Committee on Regulated Beverages.

HB 1725. By Representatives Smith of the 12th, Hammontree of the 4th, Dodson of the 94th and Shaw of the 176th:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change the provisions relating to benefit experience and variations from the standard rate; to provide for suspension of the tax surcharge from January 1 through December 31, 2003; to change the weekly benefit amount; and for other purposes.

3/15/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1725. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 12

Referred to the Committee on Industrial Relations.

HB 1726. By Representative Squires of the 78th:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to authorize counties and municipalities to establish programs for compensation to owners and operators of property which is damaged by graffiti; to provide that such compensation may be in

MONDAY, MARCH 18, 2002

1751

the form of cash compensation or services or materials or a combination thereof; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 1372. By Representatives Smyre of the 136th, Walker of the 141st, Coleman of the 142nd and Reed of the 52nd:
A RESOLUTION creating the Joint Study Committee on Economic Development Through the Investment of State Pension Funds into Private Equities; and for other purposes.

Referred to the Committee on Rules.

HR 1373. By Representative Bulloch of the 180th:
A RESOLUTION commending Henry P. Russell, Jr., and designating the Henry P. Russell, Jr., Parkway; and for other purposes.

3/15/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1373. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Bulloch District 180

Referred to the Committee on Transportation.

HR 1374. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Rogers of the 20th, Buck of the 135th and others:

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JOURNAL OF THE HOUSE
A RESOLUTION directing the placement of a portrait of Honorable Joe T. Wood, Sr., at the Georgia War Veterans Home in Milledgeville; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1670 HB 1671 HB 1672 HB 1673 HB 1674 HB 1675 HB 1676 HB 1677 HB 1678 HB 1679 HB 1680 HB 1681 HB 1682 HB 1683 HB 1684 HB 1685 HB 1686 HB 1687 HB 1688 HB 1689 HB 1690 HB 1691 HB 1692 HB 1693 HB 1694 HB 1695 HB 1696

HB 1697 HB 1700 HB 1701 HB 1702 HB 1703 HB 1704 HB 1705 HB 1706 HB 1707 HR 1328 HR 1348 SB 397 SB 432 SB 434 SB 439 SB 448 SB 459 SB 460 SB 462 SB 479 SB 492 SB 493 SB 494 SB 512 SB 513 SB 514

Pursuant to Rule 52, Representative Mills of the 21st moved that the following Bill of the House be engrossed:

MONDAY, MARCH 18, 2002

1753

HB 1674. By Representatives Mills of the 21st, Westmoreland of the 104th, Richardson of the 26th, Coan of the 82nd, Cash of the 108th and others:
A BILL to amend Code Section 16-12-141.1 of the Official Code of Georgia Annotated, relating to the unlawful disposal of aborted fetuses, so as to provide for additional criminal penalties; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Teper of the 61st moved that the following Bill of the House be engrossed:
HB 1702. By Representatives Teper of the 61st, Skipper of the 137th, Ashe of the 46th, Gardner of the 47th, Walker of the 141st and others:
A BILL to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relating to alcohol, so as to provide that the owner or operator of a parking lot or facility located within 500 feet of an establishment which sells alcohol for consumption on the premises may not tow or immobilize or cause to be towed or immobilized a vehicle left on the lot between midnight and noon; and for other purposes.
The motion prevailed.
Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Resolution of the House be engrossed:
HR 1348. By Representative Sims of the 167th:
A RESOLUTION designating the DeWayne King, USMC, Memorial Bridge and designating U.S. 441 in the unincorporated areas of Coffee County as the Max Lockwood Highway; and for other purposes.
The motion prevailed.

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JOURNAL OF THE HOUSE

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1043 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 1625 Do Pass, by Substitute HB 1644 Do Pass HB 1646 Do Pass HB 1648 Do Pass HB 1649 Do Pass HB 1650 Do Pass HB 1651 Do Pass

HB 1655 Do Pass HB 1658 Do Pass HB 1660 Do Pass HB 1661 Do Pass HB 1662 Do Pass HB 1666 Do Pass HB 1698 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

MONDAY, MARCH 18, 2002

1755

HOUSE RULES CALENDAR MONDAY, MARCH 18, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

HB 961 HB 1080 HB 1111 HB 1162 HB 1204 HB 1245 HB 1291 HB 1368 HB 1398 HB 1400 HB 1402 HB 1457 HB 1482 HB 1489 HB 1542
HB 1548 HB 1564 HB 1575 HB 1582
HB 1604 HB 1622

HOPE scholarships; redefine "eligible high school" Evidence; certain proceedings; redefine qualified interpreter Motor vehicles; certain vehicles; lane restrictions Administrative Services, Department of; minority business; certification Ad valorem tax exemption; motor vehicles; Medal of Honor recipients MARTA; sales tax proceeds; change provisions State court judges; expenses; Council; amend provisions Drivers' licenses; renewal applications; mail or electronic transmission Motor vehicles; strobe lights; require on garbage trucks Mental health; patients in certain facilities; transportation Special license plates; breast cancer programs for medically indigent Rifles and shotguns; interstate purchases; repeal certain provisions Regional economic assistance project; application criteria Laws and provisions; classification by population; revise West Georgia Regional Water Authority; remove Douglas County as member Counties; disputed boundary lines Hotel-motel tax; failure to pay; felony punishment Civil actions; monetary limit; jury of 12 Superior court clerks; recording liens, deeds, and other documents; revise provisions Tifton Judicial Circuit; change terms of court Dentistry; practicing without license; felony

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1625. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd, Jordan of the 96th and Dodson of the 94th:
A BILL to amend an Act creating the Clayton County Board of Commissioners, so as to increase the membership of the board to six members; to provide for the election of members of the board; to provide for terms of office; to provide for related matters; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the Clayton County board of commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4335), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 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. An Act creating the Clayton County board of commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4335), is amended by striking subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(1) For the purpose of electing commissioners, Clayton County is divided into four commissioner districts which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: claytonccwk Plan Type: LOCAL User: staff Administrator: CNTYCLAYTON. (2) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are

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underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Clayton County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Clayton County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (3) Commissioner Districts 1, 2, 3, and 4 as they existed on January 1, 2002, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this subsection, and, on and after the effective date of this subsection, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection."
SECTION 2. It shall be the duty of the attorney of the governing authority of Clayton County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the board of commissioners of Clayton County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 001 Clayton County
Tract: 403.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013

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3014 3015 BG: 4 4000 4008 4009 BG: 5 BG: 6 Tract: 403.04 BG: 1 1013 1014 Tract: 403.05 BG: 1 BG: 2 2000 2001 2019 2020 Tract: 404.06 BG: 1 1000 1001 1002 1003 1020 1021 1022 1023 1024 1025 Tract: 404.07 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2012 2013 2014 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2066 2067 2068 2069 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 BG: 1 BG: 3 Tract: 404.13 Tract: 406.10 BG: 1 BG: 2

District 002 Clayton County
Tract: 401 Tract: 402.01 Tract: 402.02 Tract: 403.01 Tract: 403.02 Tract: 403.03 BG: 3 3010 3011 3016 3017 3018

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BG: 4 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 Tract: 403.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1015 BG: 2 BG: 3 Tract: 403.05 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2999 BG: 3 Tract: 404.05 BG: 1 BG: 2 2003 2005 Tract: 404.06 BG: 1 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 Tract: 404.07 BG: 2 2008 2009 2010 2011 2015 2016 2017 2018 2019 2064 2065 Tract: 405.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1027 1028 1029 1030 1031 1032 1033 BG: 3 3000 3001 3019 3020 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4011 4012 4013 4014 4015 4016 4017 Tract: 405.09 Tract: 405.10 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2018 2019 2020 2021 2022 2023 2024 2025 2999 Tract: 405.11 Tract: 405.12 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2027 2999 BG: 3 3001 3002 3003 3004 3005 3010 3011 3012 3013 3014 3015 3016

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Tract: 405.13 BG: 4 4000 4001 BG: 6 6003 6004

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District 003 Clayton County
Tract: 405.10 BG: 2 2013 2014 2015 2016 2017 2998 Tract: 405.12 BG: 2 2019 2020 2024 2025 2026 2998 BG: 3 3000 3006 3007 3008 3009 Tract: 405.13 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4999 BG: 5 BG: 6 6000 6001 6002 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 Tract: 405.14 Tract: 405.15 Tract: 405.16 BG: 1 1002 1003 1004 1005 1019 1020 Tract: 405.17 Tract: 405.18 BG: 1 1000 1001 1002 1003 1004 1005 BG: 2 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Tract: 406.06 Tract: 406.07 Tract: 406.08 Tract: 406.09 BG: 1 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1996 1998 Tract: 406.12

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BG: 2 BG: 3 3007 3008 3009 3010 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 Tract: 406.13 BG: 3 3022 3029 3030
District 004 Clayton County
Tract: 404.05 BG: 2 2000 2001 2002 2004 2006 2007 2008 2009 2010 2011 2012 BG: 3 Tract: 404.06 BG: 2 BG: 9 Tract: 404.12 BG: 2 Tract: 405.03 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 1039 1040 1041 1042 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3021 3022 3023 3024 BG: 4 4009 4010 Tract: 405.06 Tract: 405.16 BG: 1 1000 1001 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG: 2 Tract: 405.18 BG: 1 1006 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Tract: 406.09 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1997 1999 BG: 2

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BG: 3 Tract: 406.10 BG: 3 Tract: 406.11 Tract: 406.12 BG: 3 3000 3001 3002 3003 3004 3005 3006 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 BG: 4 Tract: 406.13 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3025 3026 3027 3028 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3999 Tract: 406.14

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

HB 1644. By Representatives Benfield of the 67th, Davis of the 60th, Henson of the 65th, Sailor of the 71st, Teper of the 61st and others:
A BILL to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the punishments which may be imposed by the court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1646. By Representatives Yates of the 106th, Smith of the 103rd, Brown of the 130th and Westmoreland of the 104th:
A BILL to amend an Act providing a homestead exemption from certain Coweta County ad valorem taxes for county purposes, so as to increase certain homestead exemption amounts; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1648. By Representative Morris of the 155th:
A BILL to amend an Act to provide for the composition of the Board of Education of Wheeler County, so as to provide for the compensation of the members of said board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1649. By Representatives Ragas of the 64th, Mobley of the 69th, Benfield of the 67th, Mangham of the 75th, Maddox of the 72nd and others:
A BILL to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees; to provide for certain fees; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1650. By Representatives Dodson of the 94th, Jordan of the 96th, Buckner of the 95th and Barnes of the 97th:
A BILL to amend an Act reincorporating the City of Lake City, so as to change the corporate boundaries of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1651. By Representatives Snelling of the 99th and Hembree of the 98th:
A BILL to amend the "Douglasville-Douglas County Water and Sewer Authority Act," so as to provide for the membership of the board of directors of the authority and quorum; to establish certain definitions; to provide for

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the issuance of such debt instruments as are permitted by law; to establish the power of the authority to enter intergovernmental agreements; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1655. By Representatives Yates of the 106th, Westmoreland of the 104th, Smith of the 103rd and Brown of the 130th:
A BILL to amend an Act creating a board of commissioners for Coweta County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1658. By Representatives Cummings of the 27th and Murphy of the 18th:
A BILL to amend an Act creating a board of commissioners of roads and revenue in and for the County of Polk, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1660. By Representative Hudson of the 156th:
A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Wilcox County; to specify the vehicle registration period for Wilcox County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1661. By Representative Hudson of the 156th:
A BILL to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the description of the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1662. By Representative Reece of the 11th:
A BILL to provide for the election of members of the board of education of Chattooga County; to revise the districts for the election 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.

HB 1666. By Representative Sholar of the 179th:
A BILL to amend an Act creating a new Board of Education of Grady County, so as to provide for a new method of filling vacancies occurring on such board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1698. By Representatives Lucas of the 124th, Randall of the 127th, Reichert of the 126th, Ray of the 128th and Graves of the 125th:
A BILL to amend an Act establishing the Board of Public Education for Bibb County, so as to provide for the number of members comprising the board of education; to provide for the election of board members and filling vacancies; to reapportion the education districts within the Bibb County School District; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Ashe Y Bannister Y Barnard Barnes Y Bell Benfield Y Birdsong Y Black Y Boggs 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 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 E Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
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 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 Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills
Mobley Y Morris
Mosley

Y Mueller Y Muntean
O'Neal Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Poag Y Porter Y Powell Y Purcell Ragas Y Randall Y Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Scott Y Seay Y Shanahan Shaw Sholar Y Sims Sinkfield Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre E Snelling Y Snow Y Squires Y Stallings
Stanley Stanley-Turner Y Stephens Y Stokes Taylor Teague Y Teper Y Tillman Y Turnquest Y Twiggs E Unterman Y Walker, L Walker, R.L Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 139, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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Representatives Benfield of the 67th, Sholar of the 179th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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 320. By Senators Johnson of the 1st, Price of the 56th, Stephens of the 51st, Lamutt of the 21st, Seabaugh of the 28th and others:
A BILL to be entitled an Act to enact "Georgias Homeland Defense Act"; to enact and revise provisions of law to guard against, deter, and punish acts of domestic terrorism and related offenses and to provide law enforcement investigatory tools for such purposes; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to define the activity of domestic terrorism; to revise provisions relating to interception of electronic or oral communications for law enforcement purposes so as to provide for the applicability of such provisions in the case of terroristic acts and terroristic threats and so as to clarify the permissible scope of interception warrants; to amend Title 17 of the O.C.G.A., relating to criminal procedure; to repeal conflicting laws; and for other purposes.
SB 449. By Senators Dean of the 31st, Starr of the 44th and Marable of the 52nd:
A BILL to be entitled an Act to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to provide that agencies may conduct meetings by telecommunications conference when members of an agency are on ordered military duty; to provide that members of an agency on ordered military duty may participate in meetings of the agency by telecommunications conference; to provide that absence on ordered military duty does not constitute vacation of office; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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SB 455. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to reconstitute the Board of Commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 474. By Senators Mullis of the 53rd, Hamrick of the 30th, Thompson of the 33rd, Tanksley of the 32nd, Marable of the 52nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses relative to the treatment of dead bodies, so as to provide that it shall be abuse of a dead body to treat a dead body in a manner inconsistent with community or professional standards or in a manner known to outrage ordinary family sensibilities or to disinter a body which had been legally interred; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 476. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Hecht of the 34th:
A BILL to be entitled an Act to provide a short title; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide standards and procedures for verification of benefits and precertifications relating to managed health benefit plans; to provide for liability and personnel; to provide for applicability; to include among unfair insurance practices certain practices of insurers and managed care entities with regard to health benefit plans; to require that certain persons shall be notified of the cancellation, nonrenewal, or other termination of their insurance; to repeal conflicting laws; and for other purposes.
SB 478. By Senators Brown of the 26th, Moore of the 18th, Dean of the 31st, Starr of the 44th, Walker of the 22nd and others:
A BILL to be entitled an Act to amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Authority, so as to change the composition of said

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authority; to change provisions relating to the purpose of said authority; to provide for a Georgia Sports Hall of Fame Advisory Committee; to provide for its reponsibilities; to provide for the transfer of personnel to the Department of Community Affairs; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
HB 1134. By Representative Barnard of the 154th:
A BILL to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to expense supplements of the chairman and members of the board of commissioners; and for other purposes.
HB 1183. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, so as to provide for the authority of the superintendent to purchase supplies, hire labor, and make repairs to facilities and to solicit and receive proposals for the purchase of professional services; and for other purposes.
HB 1272. By Representatives Bannister of the 77th and Squires of the 78th:
A BILL to provide a new charter for the City of Lilburn; and for other purposes.
HB 1302. By Representative Barnard of the 154th:
A BILL to amend an Act creating the board of commissioners of Tattnall County, so as to provide for new road districts for members of the board; and for other purposes.
HB 1356. By Representative Barnard of the 154th:
A BILL to amend an Act providing for election of members of the board of education of Tattnall County, so as to provide for new districts for members of the board; and for other purposes.
HB 1363. By Representatives Floyd of the 138th and James of the 140th:
A BILL to amend an Act creating the Board of Commissioners of Dooly

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County, so as to change the description of the commissioner districts; and for other purposes.
HB 1383. By Representative Birdsong of the 123rd:
A BILL to amend an Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, so as to increase the amount of such exemption to $25,000.00 of the assessed value of the homestead; and for other purposes.
HB 1388. By Representative Royal of the 164th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
HB 1390. By Representative Birdsong of the 123rd:
A BILL to create a board of elections and registration in Twiggs County; and for other purposes.
HB 1392. By Representative Barnard of the 154th:
A BILL to amend an Act creating the Tattnall County Board of Elections, so as to change said board to the Tattnall County Board of Elections and registration; to change the name of said board; to provide that the board shall have the powers and duties of the board of registrars; and for other purposes.
HB 1396. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens and the existing school system in the County of Clarke, so as to change the composition of the board of education and the districts from which members are elected; and for other purposes.
HB 1495. By Representatives Lane of the 146th and Lanier of the 145th:
A BILL to amend an act providing for the reconstitution of the Board of

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Education of Bulloch County, so as to reconstitute the Board of Education of Bulloch County; to change the description of the education districts; and for other purposes.
HB 1503. By Representative Birdsong of the 123rd:
A BILL to amend an Act creating a Board of Commissioners of Wilkinson County, so as to reapportion the commissioner districts; and for other purposes.
HB 1504. By Representative Birdsong of the 123rd:
A BILL to amend an Act creating a Board of Education of Wilkinson County, so as to change the description of the districts from which members of such board are elected; and for other purposes.
HB 1516. By Representative Birdsong of the 123rd:
A BILL to amend an act providing an annual salary for the judge of the Probate Court of Twiggs County, so as to change the salary of such office; and for other purposes.
HB 1527. By Representative Lane of the 146th:
A BILL to amend an Act for the election and creation of a board of commissioners for Screven County, so as to provide for the election of members of the board of commissioners of Screven County; to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1549. By Representative Royal of the 164th:
A BILL to amend an Act providing for a Board of Commissioners of Mitchell County, so as to reconstitute the board of commissioners; to change the description of the commission districts; and for other purposes.
HB 1566. By Representative Lane of the 146th:
A BILL to provide for the election of members of the board of education of Screven County; to revise the districts for the election of members of the board of education; and for other purposes.

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The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 668. By Senators Polak of the 42nd, Hooks of the 14th, Dean of the 31st, Johnson of the 1st and Hill of the 4th:
A RESOLUTION creating the Investment Capital Study Committee; 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 320. By Senators Johnson of the 1st, Price of the 56th, Stephens of the 51st, Lamutt of the 21st, Seabaugh of the 28th and others:
A BILL to be entitled an Act to enact "Georgias Homeland Defense Act"; to enact and revise provisions of law to guard against, deter, and punish acts of domestic terrorism and related offenses and to provide law enforcement investigatory tools for such purposes; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to define the activity of domestic terrorism; to revise provisions relating to interception of electronic or oral communications for law enforcement purposes so as to provide for the applicability of such provisions in the case of terroristic acts and terroristic threats and so as to clarify the permissible scope of interception warrants; to amend Title 17 of the O.C.G.A., relating to criminal procedure; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 449. By Senators Dean of the 31st, Starr of the 44th and Marable of the 52nd:
A BILL to be entitled an Act to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to provide that agencies may conduct meetings by telecommunications conference when members of an agency are on ordered military duty; to provide that members of an agency on ordered military duty may participate in meetings of the agency by telecommunications conference; to provide that absence on ordered military duty does not

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constitute vacation of office; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 455. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to reconstitute the Board of Commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 474. By Senators Mullis of the 53rd, Hamrick of the 30th, Thompson of the 33rd, Tanksley of the 32nd, Marable of the 52nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses relative to the treatment of dead bodies, so as to provide that it shall be abuse of a dead body to treat a dead body in a manner inconsistent with community or professional standards or in a manner known to outrage ordinary family sensibilities or to disinter a body which had been legally interred; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 476. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Hecht of the 34th:

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A BILL to be entitled an Act to provide a short title; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide standards and procedures for verification of benefits and precertifications relating to managed health benefit plans; to provide for liability and personnel; to provide for applicability; to include among unfair insurance practices certain practices of insurers and managed care entities with regard to health benefit plans; to require that certain persons shall be notified of the cancellation, nonrenewal, or other termination of their insurance; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 478. By Senators Brown of the 26th, Moore of the 18th, Dean of the 31st, Starr of the 44th, Walker of the 22nd and others:
A BILL to be entitled an Act to amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Authority, so as to change the composition of said authority; to change provisions relating to the purpose of said authority; to provide for a Georgia Sports Hall of Fame Advisory Committee; to provide for its reponsibilities; to provide for the transfer of personnel to the Department of Community Affairs; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SR 668. By Senators Polak of the 42nd, Hooks of the 14th, Dean of the 31st, Johnson of the 1st and Hill of the 4th:
A RESOLUTION creating the Investment Capital Study Committee; and for other purposes.

Referred to the Committee on Rules.

Representative Reichert of the 126th arose to a point of personal privilege and addressed the House.

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The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1376. By Representatives Smith of the 103rd and Westmoreland of the 104th: A RESOLUTION commending The Heritage School Hawks boys basketball team; inviting the coaches and players to appear before the House of Representatives; and for other purposes.
HR 1377. By Representative Coleman of the 142nd: A RESOLUTION commending and inviting the Bleckley County High School cheerleading squad and coaches to appear before the House of Representatives; and for other purposes.
HR 1378. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Graves of the 125th, Ray of the 128th and others: A RESOLUTION commending the Northeast High School Girls Basketball Team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.
HR 1379. By Representative Gardner of the 47th: A RESOLUTION commending and congratulating Jarrett Horne and inviting her to appear before the House of Representatives; and for other purposes.
HR 1380. By Representative Gardner of the 47th: A RESOLUTION commending and congratulating Ruth Malhotra and inviting her to appear before the House of Representatives; and for other purposes.
HR 1381. By Representatives Kaye of the 37th and Westmoreland of the 104th: A RESOLUTION commending Marietta Firefighters Scott Goudreau and

1776

JOURNAL OF THE HOUSE
Jim Heck and invitng them to appear before 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 1043. By Representative Connell of the 115th:
A RESOLUTION commending and congratulating Georgia's own welterweight world champion Vernon Forrest and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and adopted:

HR 1375. By Representative Bannister of the 77th:
A RESOLUTION commending the coach and members of the Parkview High School Boys Swim and Diving Team; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1001

MONDAY, MARCH 18, 2002

1777

The Committee of Conference on HB 1001 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1001 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

/s/ Terry Coleman Representative, 142nd District

/s/ Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 141st District

/s/ Terrell Starr Senator, 44th District

/s/ Thomas B. Buck III Representative, 135th District

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act", approved April 26, 2001 (Ga. L. 2001, p. 628), so as to change certain appropriations for the State Fiscal Year 2001-2002; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 2001-2002, as amended,
known as the "General Appropriations Act" approved April 26, 2001 (Ga. L. 2001, p. 628), is further amended by striking everything following the enacting clause through Section 63, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 $13,726,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2002.

1778

JOURNAL OF THE HOUSE

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 Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account Total Funds Budgeted
State Funds Budgeted

$ 35,289,123

$ 18,137,818

$ 5,580,966

$ 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

$ 1,652,000

$ 35,289,123

$ 35,289,123

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 State Funds

$ 13,556,950 $ 13,556,950

$

473,527 $

473,527

$ 1,796,655 $ 1,796,655

$ 15,827,132 $ 15,827,132

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office

Total Funds State Funds $ 3,105,653 $ 3,105,653 $ 2,364,415 $ 2,364,415

MONDAY, MARCH 18, 2002

1779

Legislative Budget Office

$ 1,188,886 $ 1,188,886

Ancillary Activities

$ 3,686,063 $ 3,686,063

Budgetary Responsibility Oversight Committee $

415,837 $

415,837

Total

$ 10,760,854 $ 10,760,854

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 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.

1780

JOURNAL OF THE HOUSE

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
Total Funds Budgeted
State Funds Budgeted

$ 29,616,070

$ 24,587,570

$

842,300

$

530,000

$

40,000

$

30,000

$ 1,034,200

$

200,000

$

0

$ 2,052,000

$

300,000

$ 29,616,070

$ 29,616,070

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

$ 133,681,033

$ 17,076,391

$ 112,270,194

$ 3,970,709

$ 1,911,046

$

40,000

$

800,000

$

618,628

$ 136,686,968

$ 133,681,033

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

Total Funds State Funds

$ 8,602,935 $ 7,382,486

$ 11,241,760 $ 11,145,760

$ 49,640,955 $ 49,640,955

$ 41,508,727 $ 39,964,822

$ 1,424,347 $ 1,424,347

$ 1,133,843 $ 1,133,843

$ 12,760,967 $ 12,615,386

$

271,476 $

271,476

$ 7,259,946 $ 7,259,946

$ 2,500,030 $ 2,500,030

MONDAY, MARCH 18, 2002

1781

Georgia Office Of Dispute Resolution Total

$

341,982 $

341,982

$ 136,686,968 $ 133,681,033

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

$ 53,661,693

$ 17,887,975

$ 4,624,014

$

316,002

$

41,580

$

206,878

$ 3,136,437

$ 1,250,703

$

491,020

$

984,600

$

186,335

$

0

$

0

$

0

$ 2,350,000

$

539,022

$

0

$

0

$ 6,014,012

$

496,375

$

35,000

$

48,500

$

75,000

$

200,000

$

0

$ 35,412,874

$

405,335

$ 74,701,662

$ 53,661,693

Departmental Functional Budgets
Administration Support Services Statewide Business

Total Funds State Funds

$ 43,829,715 $ 40,844,783

$ 13,304,551 $

309,536

$ 3,338,810 $ 3,309,440

1782

JOURNAL OF THE HOUSE

Risk Management State Properties Commission Office of the Treasury State Office of Administrative Hearings Executive Administration Total

$ 3,556,574 $

504,735

$

739,446 $

739,446

$ 2,004,091 $

514,320

$ 4,687,767 $ 4,383,843

$ 3,240,708 $ 3,055,590

$ 74,701,662 $ 53,661,693

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

$

0

$ 20,672,119

$ 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

$ 43,318,622

$

0

Departmental Functional Budgets
Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 1,317,283 $

0

$ 25,682,445 $

0

$ 6,194,810 $

0

$ 2,795,009 $

0

$ 3,172,157 $

0

$ 4,156,918 $

0

$ 43,318,622 $

0

C. Budget Unit: State Funds - Georgia Technology Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

0

$ 50,407,119

$ 5,370,000

$

640,000

$

50,000

MONDAY, MARCH 18, 2002
Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted State Funds Budgeted
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

1783

$

470,000

$ 50,575,000

$ 2,929,105

$

6,000

$ 40,719,657

$

0

$

0

$ 84,523,000

$

501,019

$ 6,194,830

$

0

$ 242,385,730

$

0

$ 41,694,167

$ 34,233,396

$ 4,343,606

$ 1,027,928

$

287,963

$

462,082

$

667,341

$ 1,132,197

$

398,176

$

33,500

$ 1,723,644

$ 1,143,240

$ 3,521,803

$ 3,147,972

$

160,000

$

20,000

$

525,000

$

653,000

$

100,000

$

40,000

$

0

$ 53,620,848

$ 41,694,167

1784

JOURNAL OF THE HOUSE

Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

Total Funds State Funds

$ 9,221,789 $ 8,341,702

$ 17,118,956 $ 13,986,821

$ 7,829,201 $ 4,079,201

$ 7,006,030 $ 6,819,030

$

0$

0

$ 11,766,333 $ 8,467,413

$

678,539 $

0

$ 53,620,848 $ 41,694,167

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

$ 11,045,266

$ 9,150,914

$

444,245

$

460,850

$

125,250

$

4,347

$

254,459

$

488,687

$

103,079

$

13,435

$

0

$ 11,045,266

$ 11,045,266

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

$ 63,065,407

$ 22,736,741

$ 2,469,077

$

685,249

$

0

$

380,544

$ 1,496,653

$

919,096

$

755,418

$

565,439

$

517,624

$

0

$ 2,128,851

$ 28,169,322

MONDAY, MARCH 18, 2002

1785

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

$

167,885

$ 30,000,000

$ 1,651,557

$ 5,000,000

$ 3,086,441

$

0

$

617,500

$ 3,200,000

$

822,853

$ 5,200,000

$

0

$

0

$ 1,128,125

$ 1,250,000

$ 50,000,000

$ 4,518,807

$

60,000

$

550,000

$

150,000

$ 168,227,182

$ 63,065,407

Departmental Functional Budgets
Executive Division Planning and Environmental Management Division Business and Financial Assistance Division Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division Total

Total Funds State Funds

$ 33,627,472 $ 33,455,728

$ 4,700,256 $ 4,472,180

$ 39,191,738 $ 7,543,839

$ 8,959,319 $ 3,146,441

$ 4,782,258 $ 3,097,771

$ 2,393,797 $

734,242

$ 1,672,519 $

881,775

$ 66,951,056 $ 3,784,664

$ 5,948,767 $ 5,948,767

$ 168,227,182 $ 63,065,407

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services Tobacco Funds Personal Services

$ 1,246,815,130 $ 16,046,291 $ 32,530,883

1786

JOURNAL OF THE HOUSE

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

$ 8,389,066

$

460,682

$

30,000

$

83,736

$ 84,957,133

$ 1,730,148

$

757,954

$ 1,734,224

$ 403,145,471

$ 4,946,274,286

$ 1,097,500

$

64,732

$

183,244

$ 5,764,826

$ 975,000,000

$

27,000

$

400,000

$

762,000

$ 4,137,000

$ 2,202,803

$

137,500

$ 3,889,600

$ 18,790,098

$ 7,394,890

$

474,625

$

474,240

$

120,000

$ 6,501,013,641

$ 16,046,291

$ 1,246,815,130

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

Total Funds State Funds

$ 3,437,032 $ 2,949,703

$ 4,946,274,286 $ 1,171,383,685

$ 43,513,946 $ 14,715,598

$ 92,890,166 $ 16,711,599

$ 1,327,419 $

769,854

$

523,032 $

261,516

$

408,399 $

246,182

$ 79,106,082 $ 3,308,042

$

688,383 $

470,086

$

487,663 $

470,536

MONDAY, MARCH 18, 2002

1787

Employee Health Benefits Health Planning Georgia Board for Physician Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health Total

$ 1,280,187,484 $

0

$ 1,965,986 $ 1,767,854

$ 38,092,672 $ 38,092,672

$ 2,534,729 $ 2,534,729

$ 1,462,134 $ 1,462,134

$ 8,114,228 $ 7,717,231

$ 6,501,013,641 $ 1,262,861,421

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits
Total Funds Budgeted
Indigent Trust Fund 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 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

$ 51,910,914

$ 4,575,922

$

373,496

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

0

$ 7,529,558

$ 188,035,705

$ 196,372,518

$ 4,575,922

$ 51,910,914

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

$ 914,259,096 $ 580,439,980 $ 67,356,595 $ 2,380,486 $ 1,388,269 $ 3,935,670 $ 6,273,257 $ 6,917,786

1788

JOURNAL OF THE HOUSE

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 Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 8,367,881

$

104,872

$ 82,123,218

$ 69,906,997

$ 25,901,513

$ 1,300,000

$ 33,725,673

$ 6,851,616

$

0

$ 1,093,624

$ 4,193,025

$ 1,702,150

$

577,160

$ 1,450,000

$ 115,272,611

$

449,944

$ 1,131,000

$ 1,022,843,327

$

450,000

$ 914,259,096

Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Programs Total

Total Funds $ 68,118,517 $ $ 34,936,982 $ $ 9,724,047 $ $ 72,496,342 $ $ 699,991,851 $ $ 137,575,588 $ $ 1,022,843,327 $

State Funds 30,331,144 34,925,448 9,677,889 71,925,674
642,875,910 124,523,031 914,259,096

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 8,541,200

$ 15,694,668

$ 17,980,129

$

90,875

$

0

$

52,800

$

130,625

$

44,010

$ 1,021,973

MONDAY, MARCH 18, 2002

1789

Per Diem and Fees Contracts Capital Outlay

Total Funds Budgeted State Funds Budgeted

$ 1,421,895

$

244,000

$

0

$ 36,680,975

$ 8,541,200

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds State Funds

$ 2,706,014 $ 2,375,061

$ 6,481,226 $

971,213

$ 27,493,735 $ 5,194,926

$ 36,680,975 $ 8,541,200

Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development

$ 5,937,443,571 $ 30,000,000

$ 53,242,222

$ 7,747,497

$ 1,682,050

$

90,974

$

166,670

$ 1,110,295

$ 3,702,233

$ 22,629,674

$ 9,812,751

$ 2,027,117

$

800,451

$

0

$ 1,601,206,426 $ 1,431,924,825 $ 694,701,713 $ 48,775,823 $ 63,564,874 $ 176,902,561 $ 667,491,482 $ 137,724,602 $ 20,511,169 $ 44,653,187 $ 26,424,199

1790

JOURNAL OF THE HOUSE

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 Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Drug Free School (Federal) School Lunch (State) 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

$ 151,556,972

$ 868,937,907

$ 177,551,763

$ (1,003,292,614)

$ 125,293,472

$

0

$ 255,947,743

$ 6,548,910

$

852,291

$

875,000

$ 4,340,000

$ 61,011,301

$ 23,600,609

$

293,520

$ 240,262,432

$ 4,025,312

$ 157,076,091

$ 5,508,750

$ 1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$ 10,283,000

$ 21,325,701

$ 1,250,000

$

151,000

$ 2,811,600

$ 1,042,976

$ 9,550,907

$ 37,509,080

$ 6,900,307

$ 4,036,740

$ 58,222,772

$ 26,531,797

$ 107,826,070

$ 1,190,215

$ 7,466,425

$

274,395

MONDAY, MARCH 18, 2002

1791

Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Robert C. Byrd Scholarship (Federal) Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements 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

$ 11,660,667

$ 64,597,687

$ 4,992,566

$ 4,046,930

$ 1,150,500

$ 6,018,289

$

350,000

$

559,847

$

0

$ 5,967,000

$ 30,000,000

$ 34,460,185

$ 10,023,360

$ 3,562,148

$ 9,242,307

$ 1,632,839

$

0

$

0

$ 4,015,000

$ 6,778,195,532

$

0

$ 30,000,000

$ 5,937,443,571

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 Student Achievement Total

Total Funds State Funds

$ 14,185,146 $ 11,935,118

$ 22,104,785 $ 12,291,312

$ 1,470,977 $ 1,393,388

$ 5,213,035 $ 5,101,380

$ 9,178,246 $

503,432

$ 16,747,616 $ 12,465,441

$ 6,675,533,598 $ 5,890,829,456

$ 5,815,742 $ 5,586,207

$ 5,405,636 $ 5,040,181

$ 6,288,969 $ 6,045,874

$ 16,251,782 $ 16,251,782

$ 6,778,195,532 $ 5,967,443,571

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes

$ 73,280,354

$ 68,280,354

$

0

1792

JOURNAL OF THE HOUSE

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
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 Utilities Capital Outlay Federal Programs 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

$

0

$

0

$ 5,000,000

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 73,280,354

$ 73,280,354

$ 1,265,054

$ 228,422,112

$ 2,032,578

$ 6,251,957

$ 1,166,313

$

35,741

$

50,000

$

0

$

0

$

0

$

3,000

$

0

$

0

$

10,000

$

0

$

0

$ 134,352,333

$

424,000

$ 372,748,034

$ 236,706,647

$ 1,265,054

$

0

$ 2,864,383

$

488,800

$

29,000

$

0

$

12,450

MONDAY, MARCH 18, 2002

1793

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees

Total Funds Budgeted State Funds Budgeted

$ 1,269,708

$

345,740

$

82,002

$

355,000

$ 1,452,000

$

0

$ 6,899,083

$

0

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

$ 38,232,168

$ 31,135,504

$ 6,371,813

$

182,397

$ 1,298,666

$ 2,579,831

$

357,000

$

9,120

$

996,955

$

11,150

$

833,076

$

60,000

$

28,500

$

0

$

0

$ 43,864,012

$ 38,232,168

Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total

Total Funds State Funds

$ 2,295,501 $

11,701

$ 37,321,974 $ 34,142,085

$ 4,246,537 $ 4,078,382

$ 43,864,012 $ 38,232,168

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 65,556,735

$ 52,045,302

$ 7,500,057

$

757,826

$ 1,883,106

$ 1,499,733

1794

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 1,250,822

$

931,560

$ 1,179,296

$ 4,125,474

$ 2,188,662

$

464,946

$

0

$ 4,362,600

$ 83,030,518

$ 161,219,902

$ 65,556,735

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total

Total Funds State Funds

$ 5,467,379 $ 5,422,835

$ 32,329,309 $ 29,563,238

$ 12,364,029 $ 10,558,594

$ 20,259,467 $ 19,651,437

$ 90,799,718 $

360,631

$ 161,219,902 $ 65,556,735

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

$ 59,733,230

$ 20,508,116

$ 2,116,564

$

366,555

$

0

$

320,067

$

732,686

$ 1,133,168

$

629,268

$ 3,806,459

$ 8,309,720

$ 4,519,119

$

40,000

$ 16,170,667

$

358,595

$

0

$ 4,138,891

$

449,194

$

281,872

$

0

MONDAY, MARCH 18, 2002

1795

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

$

0

$

0

$

482,540

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$

0

$ 65,617,411

$ 59,733,230

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 State Funds

$ 21,088,381 $ 21,088,381

$ 1,260,716 $

957,745

$ 13,340,191 $ 13,340,191

$ 5,893,686 $ 5,179,841

$ 4,961,782 $ 4,463,782

$

525,793 $

525,793

$

427,462 $

427,462

$ 8,402,601 $ 8,290,671

$ 7,246,660 $ 2,989,225

$ 2,470,139 $ 2,470,139

$ 65,617,411 $ 59,733,230

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 Special Purpose Contracts Service Benefits for Children

$ 1,350,468,790 $ 68,649,314

$ 117,504,527

$ 5,538,693

$ 2,335,842

$

0

$

478,911

$ 9,732,793

$ 5,114,035

$ 40,239,233

$ 57,134,985

$ 17,913,686

$

0

$

0

1796

JOURNAL OF THE HOUSE

Purchase of Service Contracts Major Maintenance and Construction Grant-In-Aid to Counties 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

$ 87,424,076

$

163,451

$ 2,049,500

$ 2,064,276

$ 32,561,718

$

0

$

0

$ 380,255,726

$

0

$ 8,304,056

$ 182,769,721

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoptions

$

Children's Community Based Initiative

$

Human Resources and Organization Development $

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Office of Child Support Enforcement

$

Total

$

Total Funds 1,095,860 $ 4,114,201 $ 9,967,787 $
10,667,524 $ 1,315,425 $
78,789,363 $ 12,071,947 $
6,827,816 $ 841,421 $
3,478,499 $ 11,966,875 $
6,800,856 $ 10,008,434 $
2,740,884 $ 6,619,399 $ 17,391,703 $ 18,499,187 $
0$ 1,313,101 $ 92,255,757 $ 1,603,530 $ 81,886,157 $ 380,255,726 $

State Funds 1,095,860 4,085,685 6,470,923
10,392,524 1,315,425
38,621,941 11,209,873
5,527,783 771,421
3,451,930 5,862,410 2,150,330 5,618,724 2,740,884 6,619,399 2,880,863 18,499,187 (15,823,148) 1,313,101 59,763,215
26,035 18,479,412 191,073,777

2. Public Health Budget: Personal Services Regular Operating Expenses Travel

$ 53,991,427

$ 76,170,628

$

926,819

MONDAY, MARCH 18, 2002

1797

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

$

0

$

195,367

$ 1,509,862

$ 1,135,889

$ 24,987,980

$

0

$ 1,167,699

$ 1,017,000

$ 27,948,633

$ 160,228,974

$

0

$

187,190

$ 11,121,222

$ 360,588,690

$

0

$ 46,679,826

$ 169,985,452

Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office

Total Funds State Funds

$ 12,466,422 $ 12,308,854

$ 1,344,087 $ 1,130,256

$ 2,833,472 $ 2,508,297

$ 2,121,859 $ 1,009,997

$ 7,542,873 $ 6,776,054

$ 5,389,515 $ 5,389,515

$ 3,254,347 $ 1,040,088

$ 11,824,802 $ 6,069,517

$ 84,979,232 $

0

$ 74,161,009 $ 73,187,539

$ 13,274,321 $ 6,445,009

$ 4,160,044 $ 2,716,696

$

563,707 $

459,933

$ 2,451,463 $ 1,892,935

$ 1,651,583 $

0

$ 5,808,468 $ 4,260,521

$ 2,067,135 $ 1,216,225

$

880,156 $

665,030

$ 2,864,860 $ 1,205,498

$ 1,829,312 $ 1,829,312

$

84,635 $

84,635

$ 19,380,756 $ 19,380,756

$ 2,984,424 $ 2,706,902

1798

JOURNAL OF THE HOUSE

Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation HIV Waiver Public Health - Division Indirect Cost Total

$ 2,187,292 $ 1,912,604

$

716,335 $

716,335

$ 2,160,969 $ 1,629,494

$ 8,316,363 $ 8,031,613

$

260,945 $

260,945

$ 21,379,558 $ 14,561,063

$ 10,638,458 $ 2,565,380

$ 12,584,798 $ 2,985,263

$

116,218 $

98,721

$ 13,075,941 $ 10,513,475

$

773,941 $

661,936

$ 24,459,390 $ 24,459,390

$

0$

0

$

0 $ (4,014,510)

$ 360,588,690 $ 216,665,278

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 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

$ 13,858,963

$ 3,041,835

$ 1,021,051

$

0

$

223,397

$

526,852

$ 7,232,617

$ 6,990,686

$

0

$

686,644

$ 7,588,495

$ 123,303,498

$ 7,230,365

$ 417,998,130

$ 30,812,287

$ 2,401,505

$ 370,910,587

$ 993,826,912

$

0

$ 3,341,218

$ 410,256,628

Departmental Functional Budgets Director's Office

Total Funds State Funds $ 1,005,105 $ 1,005,105

MONDAY, MARCH 18, 2002

1799

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Economic Support

$

Temporary Assistance for Needy Families

$

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services $

County DFACS Operations - Joint and

Administration

$

County DFACS Operations - Employability Program $

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Troubled Children

$

Child Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

6,604,391 $ 4,738,570 $ 3,836,906 $ 14,031,660 $ 2,974,858 $ 2,888,214 $ 3,601,138 $ 114,134,948 $
0$ 2,795,420 $ 7,223,130 $ 127,678,795 $ 129,272,892 $ 3,190,752 $ 9,122,207 $
76,972,149 $ 28,564,544 $ 43,105,900 $
6,546,322 $ 60,543,230 $ 25,768,751 $
8,534,752 $ 44,089,254 $ 14,744,598 $ 60,812,454 $ 179,320,622 $
4,136,855 $ 7,588,495 $
0$ 993,826,912 $

6,092,350 2,752,741 3,836,906 1,855,177 2,724,195 1,882,423 3,601,138 48,247,444
0 0 0 61,759,034 47,991,870 0 3,003,053
32,899,030 10,887,885 15,838,963
2,691,716 31,198,083 12,225,297
4,021,598 23,351,167
7,931,482 34,248,146 54,165,832
4,096,855 7,588,495 (12,298,139) 413,597,846

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

$ 290,216,563

$ 57,333,348

$

200,000

$ 9,483,000

$ 1,991,161

$ 645,010,764

$ 1,004,234,836

$

0

$ 10,324,214

1800

JOURNAL OF THE HOUSE

State Funds Budgeted
Departmental Functional Budgets
Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total
Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment 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

$ 587,456,989

Total Funds $ 30,210,632 $ $ 22,486,122 $ $ 28,631,373 $ $ 40,623,780 $ $ 113,747,565 $ $ 20,823,419 $ $ 48,457,289 $ $ 22,778,483 $ $ 4,243,973 $ $ 283,105,805 $ $ 266,409,206 $ $ 98,316,851 $ $ 15,017,279 $ $ 9,383,059 $ $ 1,004,234,836 $

State Funds 17,521,698 17,396,039 19,095,461 30,929,135 67,238,475 17,195,849 20,901,344 18,833,119 3,303,283
200,732,355 123,543,494
46,958,336 8,704,029 5,428,586
597,781,203

$ 475,571,480

$ 84,751,156

$ 4,283,712

$

200,000

$

897,675

$ 11,769,507

$ 13,482,541

$ 72,217,899

$ 57,134,985

$ 19,768,029

$ 57,333,348

$ 645,010,764

$

0

$ 7,588,495

$ 123,303,498

$ 8,247,365

$ 417,998,130

$ 146,184,996

$ 162,278,474

$ 2,154,612

$ 9,483,000

$ 4,652,971

MONDAY, MARCH 18, 2002

1801

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

$ 32,561,718

$ 370,910,587

$ 11,121,222

$ 2,738,906,164

$

0

$ 68,649,314

$ 1,350,468,790

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

$ 28,619,259

$ 34,131,677

$ 12,386,189

$ 1,214,450

$

618,806

$

20,000

$

62,597

$

391,336

$

825,323

$

442,215

$

124,700

$

933,490

$

250,600

$ 11,299,553

$

0

$

0

$

50,000

$

0

$

0

$ 34,131,677

$ 62,750,936

$ 34,131,677

$ 28,619,259

Departmental Functional Budgets
Administration Economic Development Trade Tourism Total

Total Funds State Funds $ 47,604,071 $ 47,604,071 $ 7,436,371 $ 7,436,371 $ 2,452,351 $ 2,452,351 $ 5,258,143 $ 5,258,143 $ 62,750,936 $ 62,750,936

1802

JOURNAL OF THE HOUSE

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

$ 15,909,654

$ 15,088,326

$

734,563

$

463,030

$

118,784

$

30,400

$

222,968

$

560,884

$

383,143

$

92,042

$

0

$

0

$ 17,694,140

$ 15,909,654

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total

Total Funds State Funds

$ 5,427,722 $ 5,427,722

$ 5,720,604 $ 5,720,604

$

534,978 $

534,978

$ 5,376,769 $ 3,592,283

$

634,067 $

634,067

$ 17,694,140 $ 15,909,654

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts

$ 272,603,934

$ 164,510,241

$ 15,329,997

$ 2,156,019

$

310,273

$ 1,157,397

$ 3,061,748

$ 3,092,280

$ 2,146,718

$ 4,321,657

$ 6,496,878

$ 3,239,018

$

400,000

$

0

$ 82,504,241

$

0

MONDAY, MARCH 18, 2002

1803

Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants

Total Funds Budgeted State Funds Budgeted

$

0

$

0

$

250,000

$ 1,687,100

$ 290,663,567

$ 272,603,934

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 State Funds

$ 72,239,665 $ 70,735,705

$ 75,374,956 $ 73,433,101

$ 35,997,214 $ 34,905,317

$ 32,275,370 $ 27,770,563

$

618,640 $

618,640

$ 1,289,618 $ 1,289,618

$ 41,181,285 $ 34,184,769

$ 2,539,667 $ 2,539,667

$

816,994 $

816,994

$ 4,468,257 $ 4,378,257

$ 18,203,070 $ 18,182,472

$ 3,115,340 $ 3,115,340

$ 2,543,491 $

633,491

$ 290,663,567 $ 272,603,934

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of
Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay

$ 15,542,190

$ 89,707,533

$ 6,980,358

$ 1,459,923

$

0

$

513,655

$ 2,654,085

$ 2,701,323

$ 2,030,660

$ 54,500,000

$ 2,863,761

$ 1,246,764

$

0

$ 1,287,478

$

0

1804

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 165,945,540 $ 15,542,190

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

$ 29,457,083

$ 92,080,914

$ 13,963,645

$ 2,014,024

$

39,095

$ 1,024,559

$ 5,790,455

$ 7,230,026

$ 4,427,791

$ 2,573,235

$ 3,138,419

$ 41,304,191

$ 1,025,803

$ 12,729,295

$

315,000

$

0

$

0

$ 187,656,452

$

100,000

$ 29,457,083

Departmental Functional Budgets
Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Total

Total Funds State Funds

$ 74,886,063 $ 14,505,505

$

973,949 $

458,969

$

451,217 $

451,217

$ 10,852,025 $ 3,231,535

$ 3,137,574 $ 1,659,928

$ 1,381,384 $ 1,381,384

$ 54,867,080 $

0

$ 11,816,309 $

716,934

$ 29,290,851 $ 7,051,611

$ 187,656,452 $ 29,457,083

Section 21. Department of Law. State Funds Personal Services

$ 15,368,631 $ 14,997,230

MONDAY, MARCH 18, 2002
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 Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted
Section 23. Department of Motor Vehicle Safety. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

1805

$

738,537

$

194,339

$

0

$

20,000

$

288,202

$

837,469

$

196,787

$ 19,440,000

$

0

$

153,075

$ 36,865,639

$ 15,368,631

$

0

$ 8,448,284

$ 1,144,568

$

107,263

$

0

$

651,119

$

334,350

$

905,240

$ 1,748,119

$

184,400

$

511,290

$ 14,034,633

$

0

$ 1,438,553

$ 11,890,639

$

705,441

$

0

$ 92,818,332

$ 56,506,052

$ 8,676,537

$

459,062

$

302,206

$ 1,571,185

$ 16,450,362

$ 2,262,728

1806

JOURNAL OF THE HOUSE

Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 3,164,731

$

751,198

$ 2,488,031

$

0

$ 8,082,088

$

34,900

$

348,651

$ 3,024,928

$

750,000

$

902,668

$ 105,775,327

$ 1,960,000

$ 92,818,332

Departmental Functional Budgets
Administration Operations Enforcement Total

Total Funds State Funds $ 37,732,271 $ 32,445,686 $ 51,783,691 $ 51,783,691 $ 16,259,365 $ 8,588,955 $ 105,775,327 $ 92,818,332

Section 24. 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

$ 156,750,462

$ 87,337,171

$ 14,871,826

$

806,921

$ 1,566,806

$ 1,838,995

$ 3,211,208

$ 1,393,005

$ 11,806,041

$ 1,064,418

$ 1,396,142

$

0

$

675,000

$ 1,333,056

$ 1,680,176

$ 3,086,663

$

243,750

$

982,330

MONDAY, MARCH 18, 2002

1807

Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water
Resources U.S. Geological Survey for Topographic Mapping Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Wildlife Endowment Fund Payments to Georgia Agricultural Exposition Authority Payments to McIntosh County Payments to Baker County Payments to Calhoun County 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

$

350,000

$ 1,300,000

$

74,250

$

0

$

500,000

$

800,000

$

500,000

$

0

$

0

$

0

$

0

$

170,047

$

305,264

$

300,000

$

0

$

64,350

$ 12,722,077

$ 7,171,423

$

596,550

$ 2,089,227

$

100,000

$

31,000

$

24,000

$ 1,113,720

$ 30,000,000

$ 191,505,416

$

840,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 156,750,462

Departmental Functional Budgets Commissioner's Office

Total Funds State Funds $ 36,050,292 $ 36,035,292

1808

JOURNAL OF THE HOUSE

Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

$ 7,539,827 $ 7,539,827

$ 2,945,983 $ 2,455,983

$ 41,445,274 $ 23,108,834

$ 2,529,193 $ 2,358,331

$ 38,960,969 $ 33,648,998

$ 61,478,610 $ 51,267,172

$

555,268 $

336,025

$ 191,505,416 $ 156,750,462

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

$

0

$ 3,289,508

$ 2,302,817

$

10,000

$

0

$

71,000

$

15,000

$

0

$

80,000

$

121,000

$

784,000

$

122,000

$ 6,795,325

$

0

C. 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

$

0

$ 1,216,035

$

201,000

$

7,000

$

0

$

207,000

$

9,500

$

0

$

8,000

$

500

$

70,685

$

125,000

$

120,000

$ 1,964,720

$

0

MONDAY, MARCH 18, 2002

1809

Section 25. 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

$ 50,657,662

$ 40,681,582

$ 1,488,825

$

531,800

$

202,805

$

282,500

$

591,200

$ 2,977,867

$ 1,065,600

$

512,193

$ 1,510,790

$

792,500

$

20,000

$ 50,657,662

$ 50,657,662

Section 26. Department of Public Safety. A. Budget Unit: State Funds - Department of
Public Safety 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
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 84,815,139

$ 70,777,025

$ 8,557,812

$

162,963

$ 3,709,750

$ 1,011,758

$

812,676

$

541,509

$ 1,927,189

$

531,870

$

336,800

$

145,100

$

0

$

5,000

$ 88,519,452

$

990,000

$ 84,815,139

Departmental Functional Budgets Administration

Total Funds State Funds $ 17,556,896 $ 16,691,583

1810

JOURNAL OF THE HOUSE

Field Operations Total

$ 70,962,556 $ 68,123,556 $ 88,519,452 $ 84,815,139

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted
State Funds Budgeted

$ 15,714,230

$ 10,780,781

$ 3,348,550

$

166,566

$

88,487

$

151,928

$

289,286

$

305,620

$

329,366

$

345,201

$

559,092

$ 2,525,200

$ 2,907,857

$

150,000

$ 21,947,934

$ 15,714,230

Departmental Functional Budgets

Total Funds State Funds

Office of Highway Safety

$ 4,459,218 $

653,220

Georgia Peace Officers Standards and Training

$ 1,621,230 $ 1,621,230

Police Academy

$ 1,463,183 $ 1,127,690

Fire Academy

$ 1,449,527 $ 1,316,670

Georgia Firefighters Standards and Training Council $

498,949 $

498,949

Georgia Public Safety Training Facility

$ 12,455,827 $ 10,496,471

Total

$ 21,947,934 $ 15,714,230

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 12,238,226

$

625,000

$ 11,613,226

$ 12,238,226

$ 12,238,226

MONDAY, MARCH 18, 2002
Section 28. 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
Section 29. 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 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

1811

$ 8,529,128

$ 6,176,963

$

297,711

$

124,876

$

33,000

$

20,300

$

252,586

$

409,782

$

109,660

$ 1,077,561

$

300,000

$ 8,802,439

$ 8,529,128

$ 1,515,776,917 $ 16,116,857

$ 1,685,386,486 $ 388,632,432

$ 440,208,393

$ 827,773,561

$ 37,713,847

$ 1,696,382

$

358,979

$

955,637

$ 48,434,801

$ 188,870,159

$ 3,620,030,677

$ 127,332,403

$ 1,216,405,993

$ 741,359,007

$ 3,039,500

$ 16,116,857

$ 1,515,776,917

1812

JOURNAL OF THE HOUSE

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds 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 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 Tobacco Funds Budgeted State Funds Budgeted

$ 227,256,298 $ 3,125,000

$ 134,255,083 $ 65,692,480

$ 93,893,655 $ 31,293,568 $ 3,174,703

$ 22,721,209

$ 3,000,000

$

30,000

$ 7,256,553

$

928,525

$

585,000

$ 1,434,350

$ 19,890,163

$ 35,204,485

$

0

$ 419,359,774

$ 8,543,070

$ 108,954,866

$ 70,937,040

$

543,500

$ 3,125,000

$ 227,256,298

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

Total Funds State Funds $ 2,783,603 $ 1,698,803 $ 5,202,542 $ 1,859,122 $ 1,887,178 $ 1,119,545 $ 113,632,300 $ 10,154,238

$ 25,721,209 $ 12,447,841

$ 74,718,187 $ 46,577,468

$ 62,394,219 $ 39,300,082

$

193,500 $

0

MONDAY, MARCH 18, 2002

1813

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

$ 4,065,564 $ 4,065,564

$ 6,576,182 $

569,182

$ 3,625,810 $

0

$ 3,482,359 $

128,389

$ 68,968,764 $ 68,861,915

$ 38,344,043 $ 35,834,835

$ 7,764,314 $ 7,764,314

$ 419,359,774 $ 230,381,298

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 14,513,775

$ 16,775,716

$ 4,040,278

$ 2,784,685

$ 38,114,454

$ 38,114,454

$

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

$ 31,689,500 $ 18,642,410

$ 2,300,000

$ 1,500,000

$ 12,889,500

$

0

$

0

$

0

$

0

$ 35,331,910

$ 31,689,500

Section 30. Department of Revenue. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 350,722,734

$ 57,836,945

$ 8,403,798

$ 1,098,861

$

59,166

$

912,495

$ 15,053,899

$ 6,927,679

$ 2,820,843

1814

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$

650,265

$ 1,067,468

$ 4,272,795

$

0

$ 2,796,975

$ 3,900,000

$ 249,000,000

$ 354,801,189

$ 2,545,000

$ 350,722,734

Departmental Functional Budgets
Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

Total Funds State Funds

$ 30,728,777 $ 30,728,777

$ 8,155,867 $ 8,155,867

$ 15,499,368 $ 14,244,368

$ 24,561,509 $ 24,471,509

$ 7,755,833 $ 7,755,833

$ 253,407,920 $ 251,874,465

$ 5,749,534 $ 5,749,534

$

5,000 $

5,000

$ 6,078,805 $ 4,878,805

$ 2,858,576 $ 2,858,576

$ 354,801,189 $ 350,722,734

Section 31. 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 Election Expenses Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 34,480,734

$ 18,855,334

$ 4,474,752

$

218,092

$

101,087

$

49,725

$ 5,434,398

$ 3,744,758

$

967,974

$

494,719

$

673,005

$

511,890

$

0

$ 35,525,734

$ 34,480,734

MONDAY, MARCH 18, 2002

1815

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 State Funds

$ 4,631,560 $ 4,601,560

$ 5,538,497 $ 5,463,497

$

369,745 $

369,745

$ 2,258,065 $ 1,538,065

$ 2,119,896 $ 2,069,896

$ 8,646,969 $ 8,626,969

$ 1,462,126 $ 1,462,126

$

525,447 $

525,447

$ 9,667,550 $ 9,517,550

$

305,879 $

305,879

$ 35,525,734 $ 34,480,734

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,288,774

$ 1,432,429

$

145,000

$

37,000

$

17,000

$

10,000

$

262,345

$

171,000

$

86,000

$

0

$

128,000

$ 2,288,774

$ 2,288,774

Departmental Functional Budgets Real Estate Commission

State Funds $ 2,288,774 $

Cost of Operations
2,328,774

Section 32. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 3,644,683

$ 1,684,366

$

275,089

$

41,004

$

33,400

$

18,473

1816

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

15,953

$

127,250

$

35,115

$

139,838

$ 1,663,600

$

86,000

$

165,000

$ 4,285,088

$ 3,644,683

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students LEAP Program Governor's Scholarship Program
Total Funds Budgeted
State Funds Budgeted

$ 42,382,425

$

543,999

$

23,315

$

19,000

$

0

$

6,300

$

20,233

$

51,115

$

12,091

$

7,000

$

38,706

$

0

$ 4,131,604

$ 33,040,275

$

0

$

70,300

$

461,158

$

16,206

$

0

$

521,220

$

0

$

0

$ 1,013,712

$ 3,844,889

$ 43,821,123

$ 42,382,425

Departmental Functional Budgets Georgia Student Finance Authority

Total Funds State Funds $ 43,099,364 $ 41,660,666

MONDAY, MARCH 18, 2002

1817

Georgia Nonpublic Postsecondary Education Commission
Total

$

721,759 $

721,759

$ 43,821,123 $ 42,382,425

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships
Total Funds Budgeted
Lottery Funds Budgeted

$ 361,403,930

$ 212,069,353

$ 45,446,466

$ 52,759,417

$

0

$ 40,482,442

$

663,960

$

238,968

$ 4,004,658

$ 4,046,000

$

932,666

$

760,000

$ 361,403,930

$ 361,403,930

Section 34. 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

$ 3,090,000

$ 9,593,781

$

489,044

$

26,500

$

0

$

35,000

$ 1,399,000

$

663,270

$

330,000

$

697,200

$ 1,497,000

$

0

$ 2,950,000

$

140,000

$

0

$ 17,820,795

$ 3,090,000

Section 35. Department of Technical and Adult Education.

1818

JOURNAL OF THE HOUSE

A. Budget Unit: State Funds - Department of Technical and Adult Education
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

$ 268,627,279

$ 6,382,685

$

395,468

$

127,800

$

0

$

54,854

$

590,846

$

162,389

$

205,243

$

771,328

$

115,980

$ 6,023,543

$ 225,095,938

$ 60,230,751

$ 6,492,032

$ 19,997,058

$ 3,729,712

$ 13,998,769

$ 344,374,396

$ 268,627,279

Departmental Functional Budgets
Administration Institutional Programs Total

Total Funds State Funds $ 8,806,593 $ 6,746,805 $ 335,567,803 $ 261,880,474 $ 344,374,396 $ 268,627,279

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay Capital Outlay - Technical Institute Satellite
Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 36. Department of Transportation. State Funds Personal Services

$ 714,203,153 $ 262,620,536

MONDAY, MARCH 18, 2002

1819

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 Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Guaranteed Revenue Debt Common Reserve Fund
Total Funds Budgeted
State Funds Budgeted

$ 66,530,306 $ 2,194,326 $ 1,940,000 $ 8,151,968 $ 12,623,346 $ 1,765,434 $ 5,626,751 $ 149,508,336 $ 33,352,301 $ 1,464,956,118 $ 3,798,827 $ 13,530,481
$ 2,164,151 $ 2,225,000 $ 3,561,007 $ 31,000,000 $ 2,065,548,888
$ 714,203,153

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,742,320,904 $ $ 223,538,598 $ $ 19,982,597 $ $ 27,196,948 $ $ 2,013,039,047 $

State Funds 441,280,150 215,100,150 18,500,694 25,193,198 700,074,192

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total

$

214,295 $

214,295

$

0$

0

$

12,416 $

12,416

$ 3,886,375 $ 3,241,705

$ 44,007,604 $ 8,496,394

$ 4,389,151 $ 2,164,151

$ 52,509,841 $ 14,128,961

Section 37. Department of Veterans Service. State Funds Personal Services Regular Operating Expenses Travel

$ 22,606,320

$ 6,010,419

$

326,292

$

131,202

1820

JOURNAL OF THE HOUSE

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

$

0

$

182,457

$

30,080

$

224,911

$

87,160

$

24,500

$ 17,747,052

$ 7,973,344

$

0

$

0

$

446,000

$ 33,183,417

$ 22,606,320

Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 25,210,073 $ 17,491,660 $ 7,973,344 $ 5,114,660 $ 33,183,417 $ 22,606,320

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 12,064,526

$ 9,870,056

$

437,115

$

140,600

$

0

$

9,288

$

271,001

$ 1,299,338

$

187,828

$

109,300

$

0

$ 12,324,526

$ 12,064,526

Section 39. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued)

$ 580,127,263

MONDAY, MARCH 18, 2002

1821

Motor Fuel Tax Funds (Issued)

$ 26,000,000 $ 606,127,263

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 81,600,580

$

0

$ 81,600,580

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 41. 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.

1822

JOURNAL OF THE HOUSE

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 self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 42. Provisions Relative to Section 7, Department of Community Affairs.
Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Recipient City of Pelham

Description Purchase mechanical equipment for sanitary sewer maintenance for the City of Pelham

Amount $ 25,000

MONDAY, MARCH 18, 2002

1823

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

Board of

$

Education

Irwin County Construct a veterans' memorial in Irwin County

$

City of Fitzgerald Install lights at football stadium in the City of Fitzgerald

$

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 10,000 20,000

1824

JOURNAL OF THE HOUSE

Coffee County Repair awnings and sidewalks to mobile units at

Board of

elementary schools in Coffee County

$

Education

City of Willacoochee

Repair lighting and fences, construct softball field and purchase fire equipment for the City of Willacoochee

$

City of Pearson Downtown beautification and equipment for street department in the City of Pearson

$

City of Social Circle

Restoration of the interior of Gunter-Hall in the City of Social Circle

$

Clayton County Contract for services with the Calvary Refuge Center shelter for the homeless in Clayton County

$

Atkinson County Purchase athletic equipment, band instruments and

Board of

playground equipment for Atkinson County High

$

Education

School and Pearson Elementary School

Coffee County

Construct a fire station in the Wilsonville Fire District in Coffee County

$

Wilcox County Purchase 1989 fire truck for Cedar Creek Fire Department in Wilcox County

$

Irwin County Purchase transportation for Irwin County 4H Club

$

Clayton County Construct a directors tower and install a fence on

Board of

practice field at Lovejoy High School in Clayton

$

Education

County

Atkinson County Purchase a new fire truck for Atkinson County Fire Protection

$

Houston County Purchase furnishings for new Houston County Health Department Building

$

Clayton County Contract for services with Rainbow House, Inc. to

create an advocacy center for abused children in

$

Clayton County

7,000 5,000 5,000 5,000 20,000 7,000 5,000 10,000 5,000 10,000 5,000 50,000 25,000

MONDAY, MARCH 18, 2002

1825

Baldwin County Technology upgrade for Baldwin County

$ 20,000

Floyd County Board of Education

Transportation and materials for remedial after school program at Armuchee Middle School in Floyd County $

15,000

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

Education

$ 5,000

Laurens County Purchase band uniforms and equipment for East

Board of

Laurens County High School

Education

$ 5,000

City of Shellman Honor veterans of all wars through flag displays at graves and monuments in Randolph County

$ 2,000

DeKalb County

Contract with Project New Directions, Inc. to provide child abuse awareness program in DeKalb County

$

2,000

DeKalb County Contract for services with Scottdale L.I.F.E. Program

(Leading Individuals To Fitness and Exercise) to

$

provide awareness campaign in DeKalb County

5,000

DeKalb County

Contract for services with Scottdale Child Development

and Family Resource Center, Inc. to provide early

$

childhood development program in DeKalb County

3,000

Houston County Library Trustees

Purchase of new furniture for Houston County Library

$

50,000

Tift County

Facility for Junior livestock programs in Tift County $ 15,000

Houston County Operation of Collaborative Learning Network in

Board of

Houston County

Education

$ 50,000

City of Perry

Land acquisition and improvements to property for Perry Downtown Development Authority

$ 150,000

1826

JOURNAL OF THE HOUSE

Georgia Mountains Regional Development Authority

Purchase equipment and program enhancements for the Happy Horse Farm in the City of Lula
$

Gainesville City Purchase lights and equipment for Gainesville High

Board of

School

$

Education

Effingham

Replace cover on gym floor at South Effingham Middle

County Board of School

$

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/ Richmond County

Contract with Augusta Players to provide Artreach

Theater Program in Richmond County

$

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Southwest DeKalb High School and $

Education

complimenting programs for PTA

City of Milledgeville

Construction of portrait gallery in Georgia's Antebellum Capitol Museum in the City of Milledgeville

$

DeKalb County Repair and purchase new band uniforms and

Board of

instruments for Columbia High School and

$

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

$

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 $ City of Macon

10,000
40,000 10,000 10,000 25,000 25,000 5,000 20,000 5,000 5,000 20,000

MONDAY, MARCH 18, 2002

1827

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/Sumter Construct two football/soccer fields at current

Parks and Recreational

recreational complex in Sumter County

$

Authority

DeKalb County Programs complimenting PTA programs at Atherton,

Board of

Canby Lane and Glen Haven Elementary Schools in $

Education

DeKalb County

DeKalb County Board of Education

Programs complimenting PTA programs at Peachcrest,

Rainbow, Rowland Elementary Schools in DeKalb

$

County

DeKalb County Board of Education

Programs complimenting PTA programs at Snapfinger Elementary and Woodridge Elementary Schools in $ DeKalb County

Glynn County Board of Education

Install Tuflex flooring in the Glynn Academy weight

room in Glynn County

$

City of Darien

ESGP Homeless Supportive Housing Operations in the City of Darien

$

City of Fayetteville

Purchase of a thermal imaging camera for the Fayetteville Fire Department

$

Irwin County

Construct little league ballfield, bathroom and concession stand for Irwin County

$

DeKalb County

Neighborhood improvement and beautification projects for four DeKalb County communities

$

Chatham County Purchase chemical/biological protective equipment and

self contained breathing apparatus for the Chatham

$

County Police Department

20,000 4,000
61,000
3,000 4,000 2,000 10,000 20,000 20,000 10,000 5,000 35,000

1828

JOURNAL OF THE HOUSE

City of Screven

Construct, furnish and equip fire station in the City of Screven

$

City of Marietta Construction of an indoor batting facility at Marietta

Board of

High 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

$

East Central

Purchase a van for the East Central Georgia Regional

Georgia Regional Library in Richmond County

$

Library Trustees

Long County

Purchase firefighting equipment and renovate the Long County Courthouse

$

Columbia County Purchase lighting system for the performing auditorium

Board of

at Evans High School in Columbia County

$

Education

Columbia County Purchase technology improvements for the South

Board of

Columbia Elementary School in Columbia County

$

Education

Columbia County Purchase equipment and supplies for special education

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

$

20,000 50,000 10,000 10,000 7,000 25,000 25,000 17,500 5,000 2,500 10,000 7,000

MONDAY, MARCH 18, 2002

1829

City of Atlanta

Improve facade and parking lot and purchase equipment

for the Sweet Auburn Curb Market in the City of

$

Atlanta

City of East Point Contract with East Point Athletic League to provide programs and equipment for at-risk youth

$

City of Cave Springs

Maintenance for Water Treatment Plant in the City of Cave Springs

$

City of Rome Board of Education

Computer Lab for Model High School in the City of

Rome

$

Bartow County Lights for Adairsville High Baseball field

Board of

$

Education

Cobb County Board of Education

Purchase computers, sound, cable and other equipment and operation cost at the Nickajack Elementary school $ in Cobb County

City of Homeland Preservation and restoration of historic structures owned by City of Homeland

$

Cobb County Board of Education

Purchase 18 classroom framed markers boards(4 x 16)

at the Teasley Elementary School in Cobb County

$

Cobb County Board of Education

Purchase two-way radio communication equipment(30 units) at the Sedalia Elementary School in Cobb County $

Cobb County Board of Education

Construct a covered walkway and other purposes at the

Sedalia Elementary School in Cobb County

$

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

40,000 25,000 30,000 30,000 20,000 12,000 25,000 12,000 5,000 15,000 10,000 10,000

1830

JOURNAL OF THE HOUSE

Colquitt County Purchase overhead fans in canning area of Colquitt

Board of

County High School

$

Education

City of Atlanta

Restoration of 10th Street Meadow in Piedmont Park for the City of Atlanta

$

Clayton County Purchase a SVI-Scan Projector for the Lillie E. Suder

Board of

Elementary School in Clayton County

$

Education

Glascock County Restoration of courthouse in Glascock County

$

McDuffie County Purchase of Life Pak Cardiac Monitor and cell phones for the McDuffie County EMS

$

McDuffie County Restoration of historic Rock House in McDuffie County

$

Clayton County Purchase and install fence at the playground and

ballfield area at Hawthorne Elementary in Clayton

$

County

City of Albany

Contract for a health clinic for underprivileged citizens through Union Outreach Mission in the City of Albany

$

City of Adairsville

Renovation of the City of Adairsville City Hall

$

Baldwin County Purchase lightweight air cylinders for county fire stations in Baldwin County

$

Baldwin County

Technical improvements to the County Land Use Codes and digital mapping capacity in Baldwin County

$

Baldwin County

Continuation of victim assistance programs in Baldwin County

$

City of Carrollton Resource and library books for Holocaust Teacher Training and Resource Center in the City of Carrollton

$

1,000 15,000 4,000 10,000 10,000 5,000 10,000 20,000 20,000 20,000 10,000 20,000 10,000

MONDAY, MARCH 18, 2002

1831

City of Avondale Create a Summer Youth Recreational Program for the

Estates

City 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 Library Trustees Lakeland

$

City of Crawfordville

Purchase fire equipment and replace roof of fire station in 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 Board of Education

Renovations and improvements for Shamrock Stadium

in the City of Dublin

$

Augusta/ Richmond County

Contract for services with Good Hope Social Services

for summer and after-school tutorial programs in

$

Richmond County

Gwinnett County Construction of bleachers around the varsity baseball

Board of

field at Berkmar High School in Gwinnett County

$

Education

City of Darien Purchase sanitation truck for the City of Darien

$

City of Eatonton

Restoration of Madison Avenue School project for the City of Eatonton

$

City of Pinehurst Renovation of downtown Pinehurst

$

20,000 2,000 4,000 20,000 10,000 5,000 12,000 7,000
75,000
21,000
20,000 20,000 40,000 10,000

1832

JOURNAL OF THE HOUSE

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 Bloomingdale

Purchase fire fighting equipment for the City of 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

$

Education

County

Augusta/ Richmond County

Contract with Shiloh Comprehensive Community Center to provide after school programs in Richmond $ County

Augusta/ Richmond County

Contract with Bell Terrace Community Center and May

Park Community Center to provide summer youth

$

programs in Richmond County

20,000 10,000 25,000 30,000 15,000 25,000 5,000 50,000 10,000 6,000 5,000 5,000

MONDAY, MARCH 18, 2002

1833

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/ Richmond County

Contract for services with CSRA Transitional Center, Inc. in Augusta to provide counseling and alternative $ programs to combat juvenile delinquency

Augusta/ Richmond County

Contract for services with Beulah Grove Community

Resources Center, Inc. to provide health care and

$

counseling services in Richmond County

Augusta/ Richmond County

Contract for services with Neighborhood Improvement Project, Inc. to provide health care and counseling in $ Richmond County

City of Byron

Repairs to Old Byron Elementary School for the City of Byron

$

Crawford County Upgrade Agriculture Education Lab and classroom

Board of

facilities at Crawford County High School

$

Education

City of Graham Purchase fire truck for the City of Graham

$

Telfair County Construct running track at football field in Telfair

Board of

County

$

Education

City of Baxley Renovate recreation building in the City of Baxley

$

Lanier County

Landscaping and playground equipment for the M. L. K. Jr Park in Lanier County

$

Wayne County Construct fire protection building for Madray Springs

Board of

Community in Wayne County

$

Commissioners

15,000 25,000 5,000 15,000 10,000 10,000 15,000 20,000 5,000 10,000 10,000 30,000

1834

JOURNAL OF THE HOUSE

Berrien County Construct fire station in New Lois Community and

Commission

provide firefighting equipment for Berrien County

$ 25,000

City of Valdosta Library Trustees

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 Valdosta

10,000

City of Valdosta Service learning project for Valdosta School System

Board of

$

Education

3,000

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

Education

$ 5,000

Columbus/ Muscogee County

Contract with Combined Communities of S.E. Columbus for tutorial program for at-risk youth in Muscogee County

$ 25,000

Columbus/ Muscogee County

Contract for services with the Columbus for Kids, Inc.

to provide services to at risk children in Muscogee

$

County

50,000

Columbus/ Muscogee County

Purchase defibrillators for public safety vehicles, schools and CPR training in Middle and high schools in $ Muscogee County

50,000

Columbus/ Muscogee County

Contract for services with the Springer Opera House for

renovation project in Muscogee County

$ 125,000

Columbus/ Muscogee County

Contract for services with Metropolitan Columbus Task Force to provide services to the homeless in Muscogee $ County

25,000

MONDAY, MARCH 18, 2002

1835

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/ Muscogee County

Contract for services with Chattahoochee Valley Vet. Council for building restoration in Muscogee County $

Jeff Davis County Purchase defibrillators for Jeff Davis County Fire 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

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

1836

JOURNAL OF THE HOUSE

City of Plains

Repairs to City Hall roof and walls to stop leaks in the City of Plains

$

City of Crawfordville

Renovation of Crawfordville City Hall/ Welcome 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 Center in the City of Albany

$

South Georgia Purchase library truck for South Georgia Regional

Regional Library Library in the City of Valdosta

$

Trustees

Augusta/ Richmond County

Contract for services with the Augusta Youth Center for

youth inner city youth program

$

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 Initiative to provide personnel, books and materials for $ 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 of Chattahoochee County Education Center

$

Education

30,000 10,000 15,000 30,000 15,000
10,000 10,000 5,000 25,000 20,000 5,000 16,000 33,000

MONDAY, MARCH 18, 2002

1837

DeKalb County Purchase equipment for McNair Middle School in

Board of

DeKalb 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 County Playground equipment and improvements for the North

Board of

Harlem Elementary School in Columbia County

$

Education

Columbia County Security fence around campus of Blue Ridge

Board of

Elementary in Columbia County

$

Education

Columbia County Outdoor classroom for Greenbriar Elementary School in

Board of

Columbia County

$

Education

Columbia County Purchase wireless technology upgrade at Martinez

Board of

Elementary in Columbia County

$

Education

Columbia County Purchase wireless technology upgrade at Stevens Creek

Board of

Elementary in Columbia County

$

Education

Columbia County Outdoor classroom for Westmont Elementary School in

Board of

Columbia County

$

Education

Columbia County Outdoor Classroom for Lakeside Middle School in

Board of

Columbia County

$

Education

10,000 30,000 30,000 5,000 2,000 5,000 5,000 5,000 5,000 2,000 10,000

1838

JOURNAL OF THE HOUSE

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

$

Wayne County Library Trustees

Purchase of storm windows for Wayne County Library

$

Bryan County Board of Education

Purchase playground equipment for Lanier Elementary

in Bryan County

$

Douglas County Science Lab technology equipment for Alexander High

Board of

School in Douglas County

$

Education

Tattnall County Board of Education

Repair roof on the Glenville Middle School gymnasium

in Tattnall County

$

Tattnall County Purchase band uniforms and instruments for Tattnall

Board of

County schools

$

Education

Tattnall County

Purchase emergency equipment Management Agency

for

Tattnall

Emergency

$

City of Claxton Purchase a traffic unit vehicle for Claxton Police Department

$

City of Claxton

Purchase protective gear and breathing apparatus tanks for Claxton Volunteer Fire Department

$

Clayton County Purchase of television equipment for Mount Zion High

Board of

School in Clayton County

$

Education

25,000 50,000 10,000 5,000 10,000 20,000 5,000 5,000 10,000 5,000 5,000 10,000

MONDAY, MARCH 18, 2002

1839

Clayton County Purchase supplemental teaching materials for Morrow

Board of

High School in Clayton County

$

Education

Clayton County Purchase of safety cameras for Jonesboro High School

Board of

in Clayton County

$

Education

Clayton County Purchase of teaching supplies for Morrow Middle

Board of

School in Clayton County

$

Education

Clayton County Purchase of supplies for health clinic at Adamson

Board of

Middle School in Clayton County

$

Education

Chatham County

Promote and enhance leisure opportunities in Chatham County and provide capital equipment improvements

$

Columbia County Purchase wireless technology upgrade at Riverside

Board of

Middle School in Columbia County

$

Education

Columbia County Athletic improvements for Greenbriar High School in

Board of

Columbia County

$

Education

Columbia County Athletic improvements at Lakeside High School in

Board of

Columbia County

$

Education

City of Milledgeville

Operation of the Convention and Visitors Bureau in the City of Milledgeville

$

Clarke County Renovation of the Athens Regional Attention Home youth emergency shelter in Clarke County

$

City of Andersonville

Printing and mailing Andersonville Trail Association brochures

$

City of Montezuma

Construct parking spaces and enlarge driveway access at the Montezuma City Hall

$

15,000 10,000 15,000 5,000 45,000 10,000 15,000 15,000 15,000 25,000 5,000 10,000

1840

JOURNAL OF THE HOUSE

Clarke County Purchase customized box truck to transport art for Georgia Museum of Art in Clarke County

$ 40,000

Sumter County Board of Commissioners

Purchase Fire Truck and associated communications equipment for S.W. Sumter Volunteer Fire Department $

78,000

Ware County Board of Education

Improvements to the Ware County High School Stadium

$ 35,000

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 of Department

$

Education

10,000

Franklin County Purchase computer equipment for Life Connections

Board of

Program at Franklin City High School

Education

$ 10,000

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

Board of

Franklin County

Education

$ 20,000

City of Franklin Purchase fire truck for City of Franklin Springs Springs

$ 25,000

Columbus/ Muscogee County

Contract for services with Boys and Girls Club of Columbus to provide computer services program in Muscogee County

$ 120,000

City of Rome

Renovate elevator system for the Rome History Museum

$ 20,000

MONDAY, MARCH 18, 2002

1841

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 Board of Education

Construction of dugouts, scorer's booth/press box, and

fencing at the girls' fast pitch softball facilities at

$

Lassiter High School in Cobb County

Cobb County Board of Education

Construct football field, repair sprinkler system and construct/renovate storage building for Sprayberry High $ School in Cobb County

Cobb County Board of Education

Construction of a storm sewer drainage system at the football concession stand facilities for Sprayberry High $ School in Cobb County

City of Savannah Build bronze monument commemorating history of African Americans for the City of Savannah

$

Murray County Enhancements for Murray County Senior Citizens Center programs and provide transportation needs

$

City of Chatsworth

Historic restoration project for the City of Chatsworth $

Columbia County Construct multi-purpose athletic building at Harlem

Board of

High School in Columbia County

$

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

20,000 20,000 5,000 15,000 25,000 10,000 10,000 10,000 20,000 35,000 15,000 10,000

1842

JOURNAL OF THE HOUSE

City of Jefferson Renovation of Jefferson High School health occupation

Board of

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/ Richmond County

Purchase computers for Augusta/Richmond County

Weed and Seed literacy program

$

Randolph County Replace carpeting and repair damage to walls of

Board of

Randolph/Clay High School

$

Education

Banks County Construction cost share for two fire stations in Banks

Board of

County

$

Commissioners

Meriwether

Purchase band uniforms and provide baseball field at

County Board of Manchester High School in Meriwether County

$

Education

Augusta/ Richmond County

Contract for services with New Savannah Road Social

Services for Multiple Purpose Community Center to accommodate expansion of services in Richmond

$

County

Augusta/ Richmond County

Contract for services with New Hope Community

Center in the City of Augusta

$

Muscogee

JROTC equipment enhancements for Kendrick High

County Board of School in Muscogee County

$

Education

McDuffie County Purchase Life Cardiac Monitor and cell phones for EMS staff in McDuffie County

$

10,000 10,000 22,000 10,000 20,000 25,000 30,000 50,000 10,000 10,000 2,000

MONDAY, MARCH 18, 2002

1843

Chatham County Construct a multi-use neighborhood park in Chatham County

$

City of Guyton Purchase a front-end loader/backhoe for City of Guyton $

Effingham

Purchase rescue equipment for Clyo Volunteer Fire

County Board of Department in Effingham County

$

Commissioners

Bryan County Board of Education

Technology lab for Bryan County Elementary School in

Bryan County

$

Cobb County

Install fencing and netting at Big Shanty Park in Kennesaw, Georgia

$

DeKalb County Create an outdoor environmental classroom at Toney

Board of

Elementary School in Dekalb County

$

Education

DeKalb County Contract with The Forest at Columbia Resident

Association for after school tutorial and computer

$

program in DeKalb County

City of Atlanta

Installation of handicapped equipment at public venues for South East Community Cultural Center, Inc. in the $ City of Atlanta

City of Valdosta Contract with Keep Valdosta/Lowndes Beautiful to provide an anti-litter program

$

Screven County Library Trustees

Purchase materials update for Screven County Library

$

DeKalb County Purchase school marquee for Columbia Elementary

Board of

School in DeKalb County

$

Education

Jackson County Furnish and equip Jackson County Volunteer Fire Training Facility

$

10,000 10,000 10,000 5,000 15,000 7,000 2,000 10,000 5,000 30,000 6,000 10,000

1844

JOURNAL OF THE HOUSE

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

Commission

Crawford County

$

DeKalb County Contract with Lynwood Park Community Project, Inc.

Board of

for home renovation project and purchase of supplies $

Commissioners and 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 Board of Education

Purchase and install safety lights from main building to P.E. building at Kincaid Elementary in Cobb County $

Macon County

Purchase computer system for Macon County Sheriff's Department

$

City of Dalton

Contract for services with the Home in the City of Dalton

Northwest Georgia Girls'

$

Hall County Board of Education

Recondition the East Hall baseball field in Hall County $

10,000 5,000 22,000 20,000 25,000 20,000 25,000 30,000 20,000 5,000 20,000 10,000 35,000

MONDAY, MARCH 18, 2002

1845

Macon County Renovation of portion of Oglethorpe Government Office Building

$

Chattooga

Purchase a handicap door, ceiling fans and convert

County Library heating system at Chattooga County Library

$

Trustees

City of Rome

Children Helping Children funding for at risk children in City of Rome and Floyd County

$

City of Vidalia

Pave parking lot at the Ed Smith Complex for the City of Vidalia

$

DeKalb County

Provide women's support programs through the Newcomer's Network Refugee Service Organization in $ 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 County

Cobb County Board of Education

Construct bleachers at Osborne High in Cobb County $

Cobb County Replace Security System at Osborne High in Cobb

Board of

County

$

Education

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for Northcutt Elementary in Clayton County $

Education

City of Smyrna Construction of a deck at the Smyrna Community Center

$

Fannin County Construct two fire stations for Fannin County Fire Department

$

Greene County Board of Commissioners

Tourism marketing project for Georgia's Lake Country

in Greene County

$

20,000 10,000 20,000 20,000 5,000
2,000
10,000 10,000 5,000 5,000 10,000 15,000

1846

JOURNAL OF THE HOUSE

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for Oliver Elementary School in Clayton

$

Education

County

Clayton County Athletic equipment, fine arts programs, and band

Board of

programs for North Clayton Middle School in Clayton $

Education

County

Augusta/ Richmond County

Contract for services with Augusta/Richmond Opportunities Center, Inc. to provide after school and $ enrichment programs

City of Climax

Renovation of the Community Senior Citizens Center for the City of Climax

$

Chattahoochee County

Purchase computer, printer and internet service for the Chattahoochee County Sheriff's Department

$

City of Lavonia Purchase of vehicle and equipment for the Lavonia Police Department

$

City of Toccoa Field improvements for City of Toccoa Little League $

Dougherty County

Construct and landscape a memorial to Confederate soldiers in Dougherty County

$

City of Talbotton City of Talbotton downtown revitalization project

$

City 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

$

5,000
5,000
5,000 10,000 4,000 25,000 15,000 25,000 20,000 35,000 15,000 5,000 10,000

MONDAY, MARCH 18, 2002

1847

City of Alamo Expansion of the Alamo Fire/Police Department complex

$

Clayton County Athletic equipment, fine arts program and band

Board of

programs for North Clayton High School in Clayton $

Education

County

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for West Clayton High School in Clayton $

Education

County

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

$

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 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 of Technical Education Program at Glenn Hills High

$

Education

School in Richmond County

City of Cairo

L.B. and Eula Powell Memorial Youth Fund, Inc. to

provide after school tutorial program in the City of

$

Cairo

City of Glennville Recreation improvements for Glennville Recreation Department

$

10,000 5,000
5,000 20,000 30,000 30,000 10,000 50,000 8,000 1,000 10,000
8,000 10,000

1848

JOURNAL OF THE HOUSE

Greene County Partial restoration of historic Greene County jail

$

Meriwether

Football field enhancements and landscape project for

County Board of Greenville High School in Meriwether County

$

Education

Greene County Purchase and install fence around Greene County airport

$

Effingham County

Training equipment for Effingham County Sheriff's Department

$

Clayton County Athletic equipment, fine arts program, and band

Board of

programs for Church Street Elementary School in

$

Education

Clayton County

City of Concord Purchase fire truck (Tanker) for the City of Concord $

Montgomery County

Assist with recreational facility improvements in Montgomery County

$

Wheeler County

Purchase sports equipment and provide improvements to recreation department in Wheeler County

$

City of Fargo Construct basketball courts for the City of Fargo

$

Fannin County Repair roof and install air conditioning at the Appalachian TMC Regional Campus Council, Inc. in $ Fannin County

City of Patterson Purchase fire equipment for the City of Patterson

$

Elbert County

Purchase building for office and concession stand at McWilliams Park in Elbert County

$

Oconee Regional Purchase computers, software and equipment for Library Trustees Oconee Regional Library in the City of Dublin

$

Lincoln County Complete pavilion in a park in Lincoln County

$

20,000 30,000
22,000 5,000
5,000 50,000 10,000 10,000 10,000 20,000 5,000 10,000 5,000 12,000

MONDAY, MARCH 18, 2002

1849

City of

Addition to athletic field house at Gordon Lee High

Chickamauga Board of

School for the City of Chickamauga

$

Education

City of Savannah Building/display project for Steamship Savannah

$

Town of Allentown

Construction of a city hall/fire house in Allentown

$

Oglethorpe County

Purchase bleachers and construction of football field in Oglethorpe County

$

Greene County Purchase lights for track field at the high school in

Board of

Greene County

$

Education

Oglethorpe

Purchase band uniforms for high school in Oglethorpe

County Board of County

$

Education

Putnam County Repair boiler system in Putnam County Hospital

Hospital

$

Authority

Fulton County Board of Education

Transportation for low-income, low achieving students following an academic after-school program in Fulton $ 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

20,000 10,000 50,000 21,000 3,000 10,000 25,000 5,000 5,000 25,000 10,000 30,000

1850

JOURNAL OF THE HOUSE

City of Brunswick

Renovation and Restoration of Historic Ritz Theater for the City of Brunswick

$

DeKalb County Board of Education

Contract with Family Technology Resources for after

school tutorial program, purchase supplies, books,

$

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

$

Authority

Turner County Purchase computer and other equipment for Turner County EMS

$

City of Rebecca Recreation improvements for the City of Rebecca

$

City of Warwick City park and recreation improvements, to include

watering system and bleachers, for the City of

$

Warwick

City of Poulan Purchase computer system for the City of Poulan

$

City of Sumner

Walking track and recreation improvements in City of Sumner's park and softball complex

$

City of Ty Ty

Recreation and downtown improvements for the City of Ty Ty

$

City of Villa Rica Local recreation programs for the City of Villa Rica $

City of Mt. Zion

Purchase of equipment for primary health care center in the City of Mt. Zion

$

City of Temple Gymnasium for recreational use in the City of Temple $

Fulton County

Implement greenspace program at the Williams Payne Community Center in Fulton County

$

Meadows

Purchase furniture for Meadows Regional Medical

Regional Medical Center student residences in the City of Vidalia Center Hospital

$

Authority

20,000 3,000
15,000 5,000 5,000 5,000 5,000 5,000 5,000 20,000 5,000 15,000 5,000
5,000

MONDAY, MARCH 18, 2002

1851

DeKalb County Board of Education

Contract with Robert Shaw Theme School Interchange

Program in DeKalb County

$

5,000

Wilkes County Refurbish county EMS headquarters in Wilkes County $ 5,000

City of Chickamauga

Preservation project for historic downtown City of 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

City of Fort Oglethorpe

Road improvements within the City of Fort Oglethorpe $ 10,000

Clayton County Purchase computer equipment for Kendrick Middle

Board of

School in Clayton County

$ 5,000

Education

Marion County Board of Education

Purchase band uniforms for Tri-County High School in

Marion County

$

35,000

Calhoun County Purchase air compressor and breaker for high school in

Board of

Calhoun County

$

Education

30,000

Irwin County Repair library building and expansion of services in Library Trustees Irwin County

$ 10,000

Camden County Tennis courts and satellite equipment for Camden

Board of

County High School

Education

$ 40,000

Bibb County

Operating expenses for Tubman African American Museum in Bibb County

$ 150,000

1852

JOURNAL OF THE HOUSE

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 Board of Commissioners

Contract with Inner Strength, Inc. to provide mentoring

and tutorial programs in Fulton County

$

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

Board of

Cardinal's Roost located at Livingston Elementary

$

Education

School in Newton County

Newton County Construction and improvements of a park in City of Covington

$

50,000 75,000 10,000 7,000 20,000
3,000 5,000 50,000 50,000 5,000
5,000
5,000 10,000

MONDAY, MARCH 18, 2002

1853

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 Purchase police car for 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

Board of

Elementary School in Brantley County

$

Education

DeKalb County Purchase computers and computer equipment for Bob

Board of

Mathis Elementary School in DeKalb County

$

Education

DeKalb County Program to compliment PTA program at Edward L.

Board of

Bouie, Sr. Elementary School in DeKalb County

$

Education

City of Swainsboro

Operating funds for the City of Swainsboro

$

City of Glennville Purchase equipment or protective gear for Glennville Fire Department

$

City of Waynesboro

City of Waynesboro Phase II Historic Beautification Project.

$

Augusta/ Richmond County

Assist Golden Harvest Food Bank with warehouse expansion and program operation in Richmond County $

10,000 10,000 5,000 5,000 15,000 5,000 5,000
15,000
1,000 10,000 5,000 23,000 25,000

1854

JOURNAL OF THE HOUSE

City of Powder Springs

Construction of the Powder Springs Veterans Memorial $

15,000

Randolph County

Purchase a van to transport handicapped by hospital and nursing home in Randolph County

$

25,000

Eastman/Dodge Utility construction in Eastman/Dodge County Development Authority

$ 25,000

Athens/Clarke Health education and outreach program at Athens

County

Neighborhood Health Center

$ 25,000

DeKalb County Program to compliment PTA program at Naarvie J.

Board of

Harris Elementary in DeKalb County

$

Education

1,000

Charlton County Purchase computer carts and equipment for St George

Board of

Elementary in Charlton County

$

Education

1,000

DeKalb County Board of Education

Program to compliment PTA program at Rainbow Elementary school in DeKalb County

$ 1,000

Liberty County Board of Education

Construct sidewalks around parking area and school at

Midway School in Liberty County

$

35,000

DeKalb County Program to compliment PTA program Cedar Grove

Board of

High School in DeKalb County

$ 1,000

Education

City of Atlanta

Operational expenses related to the community without walls and mainstage productions at Jomandi Theater in $ the City of Atlanta

300,000

City of Wrightsville

Purchase of public safety equipment for the City of Wrightsville

$ 20,000

MONDAY, MARCH 18, 2002

1855

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 Board of Education

Program complimenting PTA program at Browns Mill

Elementary School PTA in DeKalb County

$

DeKalb County Board of Education

Program complimenting PTA program at Cedar Grove

Elementary in DeKalb County

$

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 Board of Education

Purchase band uniforms at Southwest High School in

Bibb County

$

Fulton County Board of Education

Contract for services with the Old National Merchants Association for after school program in Fulton County $

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

1,000 15,000 1,000 1,000 1,000 1,000 1,000 10,000 45,000 1,000 1,000

1856

JOURNAL OF THE HOUSE

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 Board of Commissioners

Contract for services with Atlanta Business League for

educational program in Fulton County

$

Washington County Commission

Purchase equipment for Washington County Hospital $

City of Sandersville

Repair of Community Health Building for the City of Sandersville

$

Bacon County Purchase kitchen equipment for the Alma/Bacon County Veterans of Foreign Wars

$

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

Terrell County Purchase 911 Incoming Recorder in Terrell County Commission

$

17,500 15,000 5,000 5,000 5,000
25,000 5,000 5,000
60,000 50,000 1,000 5,000 30,000

MONDAY, MARCH 18, 2002

1857

City of Norman Park

Purchase computer and public safety equipment for the City of Norman Park Police Department

$

City of East Dublin

Expansion of water and sewer and right of way purchase for the City of East Dublin

$

City of Rockmart

Recreation funds for City of Rockmart and little league program

$

City of Aragon Recreation funds for the City of Aragon

$

DeKalb County

Neighborhood improvement and beautification projects for five DeKalb County communities

$

City of Alma

Improvements and furnishings for Masonic Lodge and Martin Luther King Jr. Park in the City of Alma

$

City of Soperton Purchase of public safety equipment for the City of Soperton

$

Gwinnett County Construction of restroom and concession facilities for

Board of

Grayson High School in Gwinnett County

$

Education

City of Kingston Study of and improvements to the City of Kingston water system and drilling of new well

$

City of Euharlee Recreation funding for the City of Euharlee

$

City of Cedartown

Recreation improvements for the City of Cedartown $

Polk County

Funding for the Polk County Children's Advocacy

$

City of Stillmore Construct new 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

$

5,000 10,000 45,000 25,000 5,000 15,000 17,000
20,000
25,000 25,000 45,000 25,000 5,000 5,000 1,000

1858

JOURNAL OF THE HOUSE

Charlton County Purchase fire and rescue equipment for Charlton County $

Heard County Board of Education

Paving driveway and parking lots of new middle school

in Heard County

$

Crawford County

Improve/upgrade physical plant of gymnasium housing Boys and Girls Clubs of Roberta in Crawford County

$

Bacon County Board of Education

Purchase band uniforms and equipment for the Bacon

County High School

$

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

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

MONDAY, MARCH 18, 2002

1859

Treutlen County Expansion and renovation of Treutlen County Courthouse

$ 15,000

Walton County Board of Commissioners

Construct Fitness trail in West Walton County Park

$ 20,000

Bibb County Board of Education

Purchase costumes and stage equipment for Show Choir

at Central High School in Bibb County

$ 10,000

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

Columbus Consolidated Government

Maintenance and operation expense for the Liberty Theater Cultural Center, Inc. in the City of Columbus $ 125,000

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

1860

JOURNAL OF THE HOUSE

Union County

Improvements in recreation department for the Town of Suches

$

Rabun County

Purchase equipment for the Chechero Fire Department in Rabun County

$

Rabun County Repair historic school building for the Persimmon Community Club in Rabun County

$

Rabun County Purchase rescue equipment for Rabun County EMS Rescue

$

City of Clayton Sewer repairs for the City of Clayton

$

Rabun County Battered women's shelter in Rabun County

$

Rabun County Operation of Rabun Youth Center in Rabun County $

Rabun County Purchase land for Rabun County Day Care

$

Wilkinson County

Purchase mini bus for Wilkinson County 4-H program $

City of Atlanta

Contract with Cascade Ministries, Inc. to provide for Cascade Job Training Initiative for the City of Atlanta

$

Fulton County Board of Education

Purchase of technology/computer for classroom use at

Medlock Bridge Elementary in Fulton County

$

Fulton County Board of Education

Create an Environmental Outdoor classroom At Ocee

Elementary School in Fulton County

$

Fulton County Board of Education

Purchase of computer lab on wheels for the State Bridge

Elementary School in Fulton County

$

City of Cuthbert

Restoration of historic dwelling to be used for museum for the City of Cuthbert

$

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
20,000

MONDAY, MARCH 18, 2002

1861

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 Pave parking lot at drivers license facility in Rock Spring

$

Columbus Consolidated Government

Business incubator and job training for at-risk teenagers

and young adults in the City of Columbus

$

Fulton County Purchase and install surface for Milton High School

Board of

track 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 renovate 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 Consolidated Government

Contract for services with Project Rebound for community based intervention program for students at- $ risk in the City of Columbus

DeKalb County Emergency funding for the Frazer Center in DeKalb County

$

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

1862

JOURNAL OF THE HOUSE

Dougherty County

Contract for services with River Road, Inc. d/b/a SAFEC to 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

Board of

Old Hubbard Dormitory Building in Monroe County $

Education

Baker County Board of Education

Contract with Georgia Empowerment and Resources to

promote growth and development of community in

$

Baker County

City of Cadwell

Purchase of equipment and improvements for the City of Cadwell

$

Gwinnett County Purchase outdoor activity equipment for Annistown

Board of

Elementary School in Gwinnett County

$

Education

DeKalb County Purchase signage for Rock Chapel Elementary school

Board of

grounds in DeKalb County

$

Education

Monroe County Recreation park construction and improvements in Monroe County

$

City of Donalsonville

Renovate and make streetscape improvements in the City of Donalsonville

$

10,000 15,000 12,000 20,000 5,000 10,000 25,000 15,000 30,000 3,000 25,000 20,000

MONDAY, MARCH 18, 2002

1863

DeKalb County

Contract for services with IAM, Inc. to provide tutorial and leadership programs for South DeKalb County

$

Columbus Consolidated Government

Renovation of Memorial Stadium for expansion of facility and maintenance and operation of Adah-Air, $ 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

$

City of Cairo

Refurbishment and equipment for City of Cairo Movie House

$

Columbus Consolidated Government

Youth mentoring program for the City of Columbus $

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 Board of Education

Purchase of band uniforms for Lithonia High School in

DeKalb County

$

Bleckley County Improvements to the Bleckley County Courthouse

$

Dodge County Improvements in athletic program at Dodge County

Board of

High 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

Board of

Forrest Hill Elementary School in DeKalb County

$

Education

9,000 50,000 10,000 25,000 25,000 10,000 5,000 8,000 25,000 25,000 20,000 5,000 9,000

1864

JOURNAL OF THE HOUSE

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 Character Education Seminars for students at

Board of

Stephenson Middle School in DeKalb County

$

Education

Telfair County Industrial development in Telfair County

Development

$

Authority

City of Donalsonville

Purchase mosquito spraying machine for the City of Donalsonville

$

City of Atlanta Create new and upgrade existing baseball fields and facilities at Mozley Park and Center Hill Park in the $ City of Atlanta

Monroe County Develop inspection and preservation plan for Monroe County Confederate Memorial Statue

$

DeKalb County

Contract for services with Trinity Warriors Youth Association to provide program and equipment needs in $ DeKalb County

City of Monticello

Develop inspection and preservation plan for the City of Monticello Confederate Memorial Statue

$

Gwinnett County Purchase educational materials equipment and capital

Board of

improvements for Rockbridge Elementary in Gwinnett $

Education

County

Monroe County Purchase of medical equipment for Monroe County Hospital

$

20,000 4,000 2,000 20,000 25,000 10,000 30,000 2,000 3,000 2,000 22,500 10,000

MONDAY, MARCH 18, 2002

1865

Wilkinson

Grading, base and paved parking area at Wilkinson

County Board of County High School

$

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 Board of Education

Improvements, repairs, equipment, and renovations for

Rose Bowl Field in Jasper County

$

Gwinnett County Purchase educational materials, equipment, and capital

Board of

improvement for Nesbit Elementary in Gwinnett

$

Education

County

City of Atlanta Funds for Luke's Place Drug Treatment Program

$

City of Pine Lake Restoration and reconstruction of historic lake in the City of Pine Lake

$

City of Atlanta Board of Education

Technology Learning Initiative for computer purchases at Benjamin E. Mays High School in the City of Atlanta $

DeKalb County Neighborhood beautification project for the Toney Valley Civic Association in DeKalb County

$

Meriwether

Repairs to the gym at Greenville High School in the

County Board of City of Greenville

$

Education

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

22,000 500
35,000 32,000
22,500 20,000 10,000 10,000
500 12,000 25,000 3,000 20,000

1866

JOURNAL OF THE HOUSE

City of Atlanta

Support services provided by NISSI Foundation to atrisk individuals in the City of Atlanta

$

20,000

Morgan County Repair roof on old jail which is used as an archive for Morgan County

$

10,000

Morgan County Renovation of historic Morgan County Courthouse

$ 10,000

Clay County

Clay County airport

$ 25,000

Randolph County Randolph County airport

$ 25,000

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

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

Stephens County Building improvements to help house truck and equipment in Stephens County

$ 10,000

Stephens County Purchase equipment and office supplies for the Senior Citizens Center in Stephens County

$

20,000

Augusta/ Richmond County

Increase the programs and services at the Augusta Museum of History

$ 25,000

Augusta/ Richmond County

Organizational support for the operation of the Lucy Craft Laney Museum of Black History in Richmond $ 25,000 County

MONDAY, MARCH 18, 2002

1867

Augusta/ Richmond County

Provide funding to the Harrisburg Westend Neighborhood Association to purchase food for the poor in the City of Augusta

$ 25,000

City of Atlanta

Residential improvement and economic development for the Pittsburgh Community in the City of Atlanta

$

25,000

Hall County

Umbrella for Operation Center, Search and Rescue and radio room in Hall County

$

35,000

City of Waco

Run water and sewer to new vocational/technical school in the City of Waco

$

300,000

City of Bremen Expansion of Senior Citizens Complex in the City of Bremen

$ 200,000

City of Warner Robins

Operating expenses at the Air Force Museum in Warner Robins

$

90,000

Cobb County Board of Education

Renovation and construction of athletic field at Kennesaw Mountain High School in Cobb County

$ 35,000

Meriwether

Drivers education programs at Manchester and

County Board of Greenville High Schools in Meriwether County

Education

$ 36,000

City of Columbus Contract for services with Community Health Services for community health care in the City of Columbus

$

25,000

Columbus/ Muscogee County

Contract for services with Community Outreach Program

$ 35,000

Bibb County

Operating funds to Breezy Hill center for mentally retarded

$ 71,000

City of Albany Contract for services with East Albany Service League $ 25,000

City of Lithonia Provide funds for South Dekalb Arts Expo

$ 75,000

1868

JOURNAL OF THE HOUSE

Fulton County Fund general operating expenses to AUDIENCE, Inc.

Board of

in south Fulton County

$

Commissioners

Jenkins County Renovate theater building in Jenkins County Commission

$

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 County Retire loan on Hamilton House for Whitfield/Murray

Commission

Historical Society in Whitfield County

$

City of Atlanta Funds for the Black Arts Festival in the City of Atlanta $

City of Statesboro Renovation and operating expenses for Statesboro Arts Council

$

City of Decatur

Revitalize three buildings within the Historic Complex at Adair Park in the City of Decatur

$

Taliaferro County Renovate the Clock Tower of the Taliaferro County

Board of

Courthouse

$

Commissioners

City of East Point Fund exploratory study into amphitheater feasibility in South Fulton County

$

25,000 10,000 10,000 25,000 20,000 40,000 50,000 27,000 50,000 15,000 10,000 20,000 25,000

MONDAY, MARCH 18, 2002

1869

City of Donalsonville

Renovation to the interior of historic City Hall in the City of Donalsonville

$

City of Warrenton

Renovation of the Warrrenton City Hall and the historic gymnasium

$

Richmond County Commissioners

Operational funds for The Augusta Museum of History

in Richmond County

$

City of Columbus Use of arts and handicrafts to provide activities for citizens of the City of Columbus

$

Lowndes County Commissioners

Caboose relocation and renovation in Lowndes 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 of program for the Augusta Players

$

Commissioners

Richmond

Purchase equipment for the new facility at the Davidson

County Board of School of Fine Arts in the City of Augusta

$

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

$

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

1870

JOURNAL OF THE HOUSE

Meriwether

Updating of band equipment and band facility in

County Board of Meriwether County

Education

$ 25,000

Fulton County Commission

Funds for the Kids Gym USA education through preschool in Fulton County

$

25,000

Pelham City Public Schools

Replace tennis courts at schools in the City of Pelham $

20,000

City of Colquitt Purchase lighting for the football/soccer field in the City of Colquitt

$ 15,000

Richmond

Funding for the Augusta Youth Center, Inc

County Board of

Commissioners

$ 5,000

Dekalb Board of Replace equipment at Druid Hills High School in

Education

DeKalb County

$ 30,000

Paulding County Funds for recreation and equipment for Paulding

Board of

County Board of Education

Education

$ 50,000

Richmond

Purchase additional lighting for little league fields in

County Board of Richmond County

$ 20,000

Commissioners

Polk County Board of Education

Purchase band uniforms for the new Rockmart High School Band and make improvements to recreational $ 20,000 building in Polk County

Dekalb County Board of Commissioners

Funds for computer lab to provide training for innercity youth in Dekalb County

$ 185,000

Douglas County Commission

Construct a PlayGarden for children in Douglas County $

25,000

City of Augusta Assist with the mentoring program at the Augusta Youth Center, Inc.

$ 5,000

MONDAY, MARCH 18, 2002

1871

Richmond County Commission

Purchase boxing equipment for the Augusta Boxing Club

$ 25,000

DeKalb County Board of Commissioners

Field improvements at the Scottsdale Athletic Association in Dekalb County

$ 25,000

Bibb County Board of Education

Funding for the Central High School Academic Decathalon team to attend national competitions

$ 10,000

Brooks County Board of Education

Purchase school bus security cameras in Brooks County $

20,000

Richmond County Commissioners

Operational expenses for Southside Tutorial Program in

Richmond County

$

30,000

Haralson County Purchase band uniforms for Haralson County High

Board of

School

Education

$ 25,000

Richmond County Commission

Purchase additional lighting for West Augusta Little

League Fields in the City of Augusta

$ 20,000

Richmond County Commissioners

Save Our Students operational funds for National Legacy Foundation in Richmond County

$ 100,000

City of Morrow Park improvements for the City of Morrow

$ 20,000

Clayton County Commissioners

Boys' mentoring programs at Haney's Harvest House in Clayton County

$

45,000

City of Valdosta

Purchase and install playground equipment for Fellowship and Hightower Parks in the City of Valdosta

$

30,000

City of Milan Refurbish basketball gym in Milan

$ 10,000

City Lyons

Purchase playground equipment in the City of Lyons $ 20,000

1872

JOURNAL OF THE HOUSE

Irwin County Purchase transportation for Irwin County 4H Club Commissioners

$

City of Cedartown

Recreational and park funds for the City of Cedartown $

Dekalb County Board of Education

Renovations at Hebrum High School in Dekalb County $

Grady County Commission

Seminars for youth in Southwest Georgia in Grady County

$

Dekalb County Board of Education

Public health and hygiene programs in high schools in

Dekalb County

$

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 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 Commission

Construction of traffic light in Troup County and Troup High School entrance

$

Cobb County Board of Education

Lighting and other improvements for the soccer field at

South Cobb High School in Cobb County

$

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

MONDAY, MARCH 18, 2002

1873

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 Board of Education

Purchase marching band truck for Pope High School in

Cobb County

$

City of College Park

Renovate 1921 S.R. Young School into the Tri-Cities Arts Center in the City of College Park

$

DeKalb County

Funds for materials, transportation, meals, training, and other program expenses in DeKalb County

$

Rabun County Purchase recreational equipment for the citizens of Commissioners Rabun County

$

Cobb County For academic and facility initiatives at Pebblebrook

Board of

High School in Cobb County

$

Education

Screven County Purchase computer lab for Screven County High School

Board of

$

Education

City of Statesboro Improvements to Whitesville park in the City of Statesboro

$

Bulloch County Purchase equipment for Southeast Bulloch High School

Board of

ROTC

$

Education

Wayne County Commission

Construct restroom facilities at the ballpark in the City of Jesup

$

Brantley County Purchase property for baseball field in Brantley County

Board of

$

Commissioners

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

1874

JOURNAL OF THE HOUSE

City of Columbus Fund educational program for youth in the City of Columbus

$

Johnson County Provide funds for Johnson County Recreation Library Trustees Department

$

Bibb County Board of Education

Funds for travel of Bibb County Southeast High School

student choir to attend international competition

$

Clayton County Continue program under the program goals of the

Board of

Youth Empowerment Project in Clayton County

$

Commissioners

DeKalb County Board of Commissioners

Lighting for soccer fields at the Stone Mountain Youth

Association in Dekalb County

$

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 Commission

Develop youth recreation and playground facilities in the City of Bogart

$

Rockdale County Purchase security cameras, monitor and installation at

Board of

Honey Creek Elementary in Rockdale County

$

Education

Randolph County Replace carpeting and repair damage to walls of

Commission

Randolph/Clay High School in Randolph County

$

City of Columbus Fund youth programs in the City of Columbus

$

Richmond County Commissioners

Operational funding for Delta House, Lucy Craft Laney

Museum in Richmond County

$

30,000 5,000 15,000 40,000 25,000 50,000 10,000 17,000 1,500 15,000 25,000 75,000

MONDAY, MARCH 18, 2002

1875

DeKalb County Board of Commissioners

Teach at-risk youth job readiness and business skills in

Dekalb County

$

City of Glennville Purchase playground equipment for recreation 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 County Commissioners

Youth Leadership operational expenses for CSRA Economic Opportunity Authority in Richmond 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

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 Board of Education

Long County School System concession stand/sports

facility

$

Sumter County Acquisition of various instruments for the middle

Board of

school band in Sumter County

$

Education

DeKalb County Fund at-risk youth programs in DeKalb County

$

40,000 10,000 25,000 25,000 50,000 20,000 25,000 25,000 25,000 50,000 17,287 50,000

1876

JOURNAL OF THE HOUSE

Cobb County Purchase outdoor lights for safety at Kincaid

Board of

Elementary School in Cobb County

$

Education

Fayette County Board of Education

Purchase new internet ready computers at Sandy Creek

High School in Fayette County

$

Jefferson County Purchase lighting for the girls' softball field in Jefferson

Board of

County

$

Education

City of Climax Restoration of the city gym in the City of Climax

$

City of Lincolnton

Construct a playground for the City of 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

$

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

MONDAY, MARCH 18, 2002

1877

Bulloch County Erect lighting of a multi-purpose athletic field for the

Commission

Bulloch County Recreation Department

$

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 School

Board of

in Gwinnett County

$

Education

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 Commissioners

Purchase equipment for use in testing and sound booth at Savannah Speech and Hearing in Chatham County

$

DeKalb County

Fund medical care for high-risk pregnant mothers and acutely ill patients in DeKalb County

$

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

15,000 10,000 30,000
25,000
25,000 15,000 25,000 25,000 5,000 11,475 25,000 10,000 12,000

1878

JOURNAL OF THE HOUSE

Richmond County Commission

Programs at the East Augusta Learning Center in the

City of Augusta

$ 50,000

Johnson County Funds for Johnson County Public Library Commission

$ 5,000

City of Atlanta

Fund after school programs and mentoring in the City of Atlanta

$

39,415

City of Pooler

Purchase and install new air conditioning units at gymnasium in the City of Pooler

$ 10,000

City of Columbus Funding for anti-drug community programs in the City of Columbus

$

15,000

Union County Commission

Planning for community center, youth center and double gym in Union County

$ 25,000

City of Atlanta Aid programs at the Herndon Home in the City of Atlanta

$ 30,000

Habersham County Commission

Purchase furniture and equipment for the Habersham

County Senior Center

$ 10,000

City of Sandersville

Improvements and equipment upgrades for Washington County Health Center

$

50,000

Calhoun County Funding of medical care for Calhoun County's indigent

Board of

patients at Calhoun Memorial Hospital

$

Commissioners

105,000

City of East Point Purchase van for after school program in the City of

East Point; enrichment courses; and purchase

$ 50,000

playground equipment

City of Macon

Construct an Intergenerational Activity Center at the Methodist Home for Children and Youth in Macon

$

20,000

Clayton County Develop a fitness center at Clayton County International

Board of

Park

$

Commissioners

39,000

MONDAY, MARCH 18, 2002

1879

City of Donalsonville

Construct pavilion in Donalsonville City Park

$

Randolph County Purchase a van for handicapped patients in Randolph

Commission

County

$

Lowndes County Commissioners

Construct the James M. Beck Youth and Teen Center in Lowndes County

$

Dekalb County Construct a new headquarters to expand Childkind's

Commission

programs in Dekalb County

$

City of Atlanta Board of Education

Provide funds for Morehouse and Morris Brown to develop materials for the City of Atlanta School System $

Chatham County Commissioners

Purchase Tympanometers and Oto-Acoustic 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 Columbus Establish a community resource center in the City of Columbus

$

Dekalb County Commission

Fund Hispanic women's entrepreneurial development program in Dekalb County

$

City of Atlanta

Funding for health initiative, youth empowerment, and senior citizens' programs in the City of Atlanta

$

City of Columbus Assist homeless families in the City of Columbus

$

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

$

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

1880

JOURNAL OF THE HOUSE

Dekalb County Board of Commissioners

Construct facility for a community senior center in Dekalb County

$ 25,000

Glascock County After school program in Glascock County Board of Education

$ 40,000

Clayton County Purchase a mini-van for the Meals on Wheels program

Board of

in Clayton County

$

Commissioners

20,000

City of Atlanta

Fund Adair Park and Oakland City Senior Citizen Home Rehabilitation, Beecher/Cascade intersection improvements in the City of Atlanta

$ 30,000

Randolph County Furnish outpatient mental health/substance abuse

Commission

facility in Randolph County

$ 7,000

City of Columbus Residential care program in the City of Columbus

$ 5,000

City of Augusta Assist burn survivors and their families in the City of Augusta

$

20,000

Gwinnett County Construct concession stand and restrooms for the

Board of

Grayson Community Stadium Project, including lights $

Education

and seating in Gwinnett County

100,000

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

55,000

Muscogee

After school reading program for Dawson Elementary

County Board of and Cusseta Road Elementary Schools in the City of $

Education

Columbus

75,000

Richmond County Commissioners

Operational funding for the CSRA Transitional Center,

Inc. in Richmond County

$

40,000

Oconee County Purchase van for Senior Center in Oconee County Commission

$ 20,000

MONDAY, MARCH 18, 2002

1881

Athens-Clarke County Commission

Renovation of office space for Community Connection

staff in Athens-Clarke County

$

30,000

Fulton County Board of Education

Funding for Learning Disabilities Association of Georgia programs in Fulton County

$ 70,000

Richmond County Commissioners

Operational funds for Beulah Grove Community Resource Center in Richmond County

$ 35,000

City of Concord Renovation of community center in the City of Concord $ 25,000

City of Augusta Operating funds for the Neighborhood Improvement Project for Richmond County

$

20,000

Barrow County Temporary staff and support for adult education and

Commission

employment center in Barrow County

$

10,000

DeKalb County Education and prevention program for 500 minority

Commission

mothers in Dekalb County

$ 20,000

Chatham County Fund Phase II of the Tatemville Gymnatorium in Commissioners Chatham County

$ 5,000

City of Harlem

Purchase Neighborhood Development Building in the City of Harlem

$

25,000

Terrell County Purchase a vehicle for the Kinchafoonee Regional Library Trustees Library in Terrell County

$ 17,000

Peach County Board of Commissioners

Facilitate the funding of medical care for Peach County's indigent patients

$ 100,000

City of Fairburn Fund mental health and substance abuse programs in

the City of Fairburn center for women and their

$ 25,000

children

Bartow County Funds to Bartow County for Etowah Foundation,

Commission

Stilesboro Academy, and the Senior Citizens Group

$ 30,000

1882

JOURNAL OF THE HOUSE

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 of Chehaw in Dougherty County

$

Commissioners

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

$

20,000 50,000 7,000 27,500 50,000 15,000 15,000 20,000 15,000 10,000
15,000
10,000 25,000

MONDAY, MARCH 18, 2002

1883

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 Education

$ 30,000

Jeff Davis County Provide funds for Safe and Sober program in Jeff Davis Commissioners County

$

10,000

Chatham County Purchase resource materials for the Parent Resource Commissioners Center and a counselor at Lutheran Ministries in
Chatham County

$ 10,000

Barrow County Provide abuse prevention programs in Children's

Commission

Advocacy Center in Barrow County

$ 10,000

Houston County Fund start-up costs for new residential program for

Commission

mentally ill adults in Houston County

$ 20,000

City of College Park

Provide scholarships and general operating costs at Promise Children's Home in the City of College Park

$

10,000

DeKalb County Construct a new community center in Dekalb County

Board of

$

Commissioners

25,000

Richmond County Commissioners

Operational funding for Delta Leadership Training Program in Richmond County

$ 20,000

City of College Park

Funds for after-school programs in the City of College Park

$

20,000

Fulton County Board of Commissioners

Operational expenses for United Community Association, Inc in Fulton County

$ 40,000

Dekalb County Commission

Construction of the International Village Cultural and Community Center in DeKalb County

$

150,000

1884

JOURNAL OF THE HOUSE

City of Luthersville

Renovation of newly acquired city hall/community 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 Commission

For the construction of North Bryan Industrial park in Bryan County

$

Randolph County Construct firestation/voting precincts in Springvale,

Commission

Carnegie and Randolph County

$

DeKalb County Commission

Expand parking facilities at both baseball and football 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

$

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

MONDAY, MARCH 18, 2002

1885

City of Atlanta

Fund Capacity Building Initiative for Georgia Nonprofit Community in Fulton County

$

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 Commission

Computer indexing of Deed Records in Dawson County $

City of Hagan Funds to purchase police car for the City of Hagan

$

White County Purchase supplies, equipment and computers for Boys

Board of

and Girls Club in White County

$

Commissioners

City of Alamo Beautification of park in downtown Alamo

$

Effingham

Development of Educational Center site and

County Board of infrastructure in Effingham County

$

Commissioners

Morgan Board of Commissioners

Construct Burn Trailer Fire Training Facility in Morgan County

$

Bryan County Commission

Purchase a four wheel drive unit for the fire department in 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

Commission

Fire Station and to upgrade equipment

$

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

1886

JOURNAL OF THE HOUSE

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

$

White County Board of Commissioners

Purchase automatic external defibrilators for Region 2

Emergency Medical Services in White County

$

Athens-Clarke County Commission

Provide programs to minority businesses in Northeast

Georgia

$

Decatur County Purchase Decatur County fire and rescue equipment $

Echols County Reimbursement to Echols County for capital felony

Commission

expenses incurred

$

City of East Dublin

Expansion of water and sewer facilities; purchase of 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 Commissioners

2001 Police Interceptor for the Long County Sheriffs' 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

$

15,000 20,000 50,000
25,000 12,500 50,000 25,000 50,000 50,000 45,000 20,738 25,000 30,200

MONDAY, MARCH 18, 2002

1887

Peach County Commission

Jail roof replacement and repair in Peach County

$

City of Claxton

Purchase firefighting protective gear and equipment for Claxton Fire Department

$

Tattnall County Commission

Purchase safety equipment for Emergency 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 Commission

Purchase of new Class A pumpers in Bryan County

$

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

$

City of Kennesaw

Funds for Emergency Management Command Center in the City of Kennesaw

$

City of Locust Establish a K-9 unit for the City of Locust Grove Grove

$

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 20,000 10,000

1888

JOURNAL OF THE HOUSE

City of Macon

Funding for general operation expenses at the James Wimberly Institute in the City of Macon

$

15,000

Warren County Purchase of EMS and fire equipment for Warren

Commission

County

$ 12,000

Wayne County Purchase fire fighting equipment for rural volunteer

Commission

fire departments in Wayne County

$

20,000

City of Acworth

Purchase Alco Sensors for the police department in the City of Acworth

$

6,000

City of Clayton Replacement of damaged sewer line in the City of Clayton

$ 25,000

City of Pooler

Complete Joe Baker Park Project on Highway 80 in the City of Pooler

$

5,000

City of Pooler Purchase new 800 mhz radios for the City of Pooler $ 10,000

City of Powder Repair and enhance safety on State Route 6 in West

Springs

Cobb County

$ 100,000

City of Vienna

Purchase a vehicle and a hydraulic rescue tool for the City of Vienna

$

44,350

Wilcox County Commissioners

Purchase land and develop an Industrial Park in Wilcox County

$

70,000

City of Boston Downtown Streetscape Project in the City of Boston $ 20,000

Lowndes County Resurface the driveway and parking lot in Lowndes Commissioners County

$ 25,000

Taylor County Construction of a facility and holding pen for cattle, Commissioners purchase of set of cattle scales in Taylor County

$ 65,000

City of Broxton Purchase tractor for beautification of the City of Broxton

$ 15,000

City of Columbus Funding for The Prison Rehabilitation Reclaiming of Prisoners in the City of Columbus

$

20,000

MONDAY, MARCH 18, 2002

1889

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 Commission

Funds for Raines Cross Road Community Facility and Fire Station in Johnson County

$

City of Brunswick

Repair city docks in the City of Brunswick

$

City of Bainbridge

Operating expenses for Bainbridge Welcome Center $

City of Ephesus Renovation of newly acquired city hall/community building in the City of Ephesus

$

Meriwether County Commission

Renovation and handicap accessible construction for

county commission offices in Meriwether County

$

Webster County Purchase a new cardiac monitor for EMS in Webster

Board of

County

$

Commissioners

Pike County Commission

Purchase communication equipment for the sheriff's 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

$

15,000 25,000 80,000 7,500 80,000 75,000 20,000 40,000
14,926 25,000 25,000 10,000 50,000

1890

JOURNAL OF THE HOUSE

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 Board of Commissioners

Construct restroom and concession facilities in the City

of Blackshear

$

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 County Purchase equipment for Altamaha Fire Station 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

$

Richmond

Fund landscaping projects at Terrace Manor Elementary

County Board of School in Richmond County

$

Education

Richmond

Purchase a marquee for Edward E. Murphy Middle

County Board of School in Richmond County

$

Education

Floyd County Board of Education

Fund summer teacher workshop, video equipment and

supplies at Coosa High School in Floyd County

$

20,000 30,000 60,000 30,000 25,000 20,000 6,000 44,000 25,000 25,000 5,000
5,000
20,000

MONDAY, MARCH 18, 2002

1891

City of Montezuma

Construction of additional parking and widening of a service lane at Montezuma City Hall

$

Evans County Commission

Pave parking lot and infrastructure for Technical school in Claxton

$

Hancock County Purchase tools and gear for Hancock County EMS and

Board of

Sparta Office

$

Commissioners

City of Hogansville

City Hall renovations in the City of 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 Commission

Purchase a radio system for Butts County Sheriff's Department

$

City of Hoboken Improvements to facilities in the City of Hoboken

$

Greene County Board of Commissioners

Complete fencing around the airport in Greene County $

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 Board of Commissioners

Repair culverts under Touchstone Parkway in the Glynn

County Public Safety Complex

$

Bartow County Board of Commissioners

Construct service test/training site for Fire Department

in Bartow County

$

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

1892

JOURNAL OF THE HOUSE

South Georgia RDC

Purchase equipment for various chambers of commerce in region 11

$

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 Construct new City Hall in the City of Stillmore

$

Lumpkin County Upgrading of Plat Records management in Lumpkin

Commission

County

$

Grady County Commission

Purchase emergency management equipment and 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 Cleveland Construct Downtown Streetscape in the City of 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 Board of Commissioners

Partial funding of fire truck for East Berrien Volunteer

Fire Department

$

28,127 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

MONDAY, MARCH 18, 2002

1893

Chatham County Purchase and renovate existing building for Ash Tree Commissioners Organization, Inc. in Chatham County

$

40,000

City of Dalton

Funding for the Dalton Convention and Visitors Center programs

$

2,500

Liberty County Board of Commissioners

Establish a community development department in Liberty County

$ 50,000

Valdosta/

Provide funds for the Valdosta/Lowndes County Land

Lowndes County Bank Authority Land Bank

$ 300,000

Authority

City of Atlanta

Provide funds for programs and salaries at the Metropolitan Community Foundation in the City of Atlanta

$ 85,700

Houston County Fund start-up costs for a new residential program for mentally handicapped adults in Houston County

$

50,000

City of Monticello

Renovation of the Benton Building in the City of Monticello

$ 100,000

Jeff Davis County Assist with operating expenses for Ag Center

$ 600,000

City of Eatonton Renovation of the Old Elementary School in Eatonton for use as a community / educational center

$

30,000

Baldwin County Purchase a wheelchair accessible van in Baldwin County

$ 60,000

Taliaferro County Assist with extending water, sewer, and gas lines to

Board of

new charter school on Taliaferro County

Education

$ 40,000

Greene County Renovate the old Greensboro Jail for office and museum space in Greene County

$ 40,000

Jones County

For landscaping, traffic, and parking improvements at the Jones County Civic Center

$

40,000

1894

JOURNAL OF THE HOUSE

Putnam County

Assist with furnishings and additional equipment for the Workforce Development Center operated by the Central $ Georgia Technical College in Putnam County

50,000

City of Newnan

Improvements to the Brown s Mill Depot in the City of Newnan

$

75,000

City of Macon

Assist in the design and construction of the extension of the Ocmulgee Heritage Greenway in the City of Macon

$

200,000

Twiggs County

For Probate Court Computers and software in Twiggs County

$

25,000

City of Irwinton For City Hall repairs and renovations in the City of Irwinton

$ 25,000

Hancock County Repair to public buildings in Hancock County

$ 100,000

Tattnall County Board of Education

For a gymnasium/physical education building in Tattnall County

$ 390,000

Walton County

Assist with construction of a Senior Center for Walton County

$

373,000

Dodge County For a building for the Dodge County Recreation Department

$ 150,000

Wilcox County For land procurement and the development of an industrial site in Wilcox County

$ 80,000

Lee County Board of Education

Construction of an athletic facility in Lee County

$ 50,000

Terrell County Refurbish and develop Terrell County Chamber of Commerce and welcome center facilities

$ 100,000

Mitchell County Purchase of the Hand Trading Building in Pelham

$ 75,000

City of Camilla Restoration of historic depot building in Camilla

$ 75,000

MONDAY, MARCH 18, 2002

1895

City of Gainesville

Provide funds for North Georgia Mountain Museum in the City of Gainesville

$

150,000

Wilcox County Commission

Construction of a Wilcox County Recreation Complex $

70,000

Twiggs County For Courthouse renovation in Twiggs County

$ 100,000

Appling County For capital projects at Appling County Hospital

$ 150,000

Lamar County Provide funds for Agricultural Exposition in Lamar County

$ 50,000

Monroe County Provide funds for Civic Center in Culloden

$ 50,000

Gwinnett County For athletic facility for South Gwinnett High School in

Board of

Gwinnett County

$

Education

50,000

Gwinnett County For athletic facility for Shiloh High School in Gwinnett

Board of

County

$

Education

50,000

City of Forsyth

Construction of a frontage road sidewalk in the City of Forsyth

$

20,000

Dade County Renovations and repairs to Dade County Courthouse $ 50,000

City of Stone Mountain

ART Station, Inc. after school/summer camp program for scholarships and operating expenses for the City of $ Stone Mountain

15,000

City of Jonesboro Park improvements for the City of Jonesboro

$ 40,000

City of Forest Park

Sidewalk improvements to schools in the City of Forest Park

$

50,000

City of Riverdale Improvements to community parks in the City of Riverdale

$ 40,000

1896

JOURNAL OF THE HOUSE

Cook County

Operating funds for Project Turn Around in Cook County

$ 24,000

Chattahoochee Operating funds for the Chattahoochee County School

County Board of Board

$

Education

25,000

City of Franklin Purchase a pumper truck for Franklin Springs Fire

Springs

Department

$ 25,000

Gwinnett County Operating expenses for Brookwood High School in Gwinnett County

$ 75,000

City of Augusta Funds for the Augusta Cotton Exchange Museum

$ 50,000

City of Yatesville Purchase of library equipment in Yatesville Library Trustees

$ 36,000

Haralson County Provide funds for Haralson County Historic Court House

$ 300,000

Polk County

Contract for fire department construction and equipment for Polk County

$ 275,000

Wilkes County

Purchase of equipment for Memorial Hospital in Wilkes County

$

100,000

Haralson County

Construction and operation of Senior Citizen facility in Haralson County

$

200,000

Fulton County

Provide startup funds for Drivers Education program at Creekside High School in Fulton County

$

10,000

Clayton County Provide funds for Calvary Refuge Center in Clayton County

$

10,000

Dougherty

Provide funds for PTA program enhancements at

County Board of Martin Luther King Jr. Elementary School in Dougherty $

Education

County

2,000

MONDAY, MARCH 18, 2002

1897

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

$

Cobb County Board of Education

Provide funds for Foundation 2000 for Children in the

Pebblebrook Cluster in South Cobb County

$

Cobb County Provide funds for the South Cobb High School

Board of

Education Foundation

$

Education

1,000 10,000 25,000 25,000 5,000 10,000 10,000 30,000 6,000 5,000 20,000 10,000
20,000
10,000

1898

JOURNAL OF THE HOUSE

Twiggs County Provide for the renovation of the Twiggs County Courthouse

$ 50,000

Macon County Renovate the Macon County Tax Commissioner s Office

$ 25,000

Sumter County Board of Education

Provide funds for band uniforms and equipment at Americus High School in Sumter County

$ 25,000

City of Shellman Purchase a defribillator for the City of Shellman

$ 3,000

Randolph County Provide funds for outpatient mental/health substance abuse facility in Randolph County

$

10,000

Dekalb County Purchase of a marquee for Wadsworth Elementary School in Dekalb County

$ 5,000

Effingham County

Provide funds for the Student Transition and Recovery (STAR) program in Effingham County

$

115,000

Stephens County Provide funds for computer equipment at Stephens

Board of

County Middle School

Education

$ 25,000

Stephens County Provide funds for computer equipment at the

Board of

Crossroads Alternative School in Stephens County

Education

$ 25,000

Schley County

Provide funds for construction of an athletic complex in Schley County

$

100,000

Stephens County Provide funds for an Ecological Center for public

Board of

education and outdoor classroom in Stephens County $

Education

45,000

City of Metter Fund a softball field in the City of Metter

$ 5,000

City of Jesup

Provide funds for McMillan Creek Park project in City of Jesup

$

40,000

MONDAY, MARCH 18, 2002

1899

Houston County Provide funds for Houston County Association for exceptional adults residential program

$ 35,000

Troup County Feasibility study for the Clark Access in Troup County $ 10,000

Randolph County Funds for technology improvements for the Randolph

Board of

County Board of Education

$

Education

15,000

Fulton County Provide funds for Legislative Conference on Education $ 40,000

City of Warner Robins

Purchase and installation of Interactive Exhibit and equipment for the Air Force Museum in the City of Warner Robins

$ 750,000

City of Augusta Fund "Fore!" Augusta Foundation's golf program for children

$

250,000

City of Savannah Renovation of driver's license facility in the City of Savannah

$ 80,000

Bacon County Funds for capital offense murder trial in Bacon County $ 256,000

City of Augusta Arsenal Carriage House in the City of Augusta

$ 100,000

Greene County

Funding for the construction of an agricultural center in Greene County

$

100,000

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 $74,100 for operating expenses.

Section 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

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%.

1900

JOURNAL OF THE HOUSE

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2002 shall not exceed 13.1%.

Section 44. 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 $2,285.76. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45. Provisions Relative to Section 15, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

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.

MONDAY, MARCH 18, 2002

1901

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 46. 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 47. Provisions Relative to Section 24, Department of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 48. Provisions Relative to Section 30, 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 49. Provisions Relative to Section 31, Secretary of State.
There is included in the Real Estate Rentals object class for the Secretary of State

1902

JOURNAL OF THE HOUSE

funding for a rental agreement with the Development Authority of Clayton County for the Department of Archives and History.
Section 50. Provisions Relative to Section 34, 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 51. Provisions Relative to Section 36, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

MONDAY, MARCH 18, 2002

1903

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.
The Department of Transportation is hereby directed to utilize any and all available funds for the purpose of installing call boxes on rural interstate highways.
Section 52. 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

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amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 53. To the extent to which Federal funds become available in amounts in excess of
those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of 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 54. Each agency for which an appropriation is authorized herein shall maintain
financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

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Section 56. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 57. In accordance with the requirements of Article 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 58. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.

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(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 59. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 60. There is hereby appropriated a specific sum of Federal grant funds, said specific
sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 61. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
Provided, of the above appropriation relative to State of Georgia General Obligation Debt Sinking Fund, State funds appropriated for plans and design of a Coverdell Building at the University of Georgia shall be contingent upon matching federal and private funds.
With regard to the appropriations in Section 39 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts, and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:

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From the appropriation designated "State General Funds (New)," $2,664,540 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $11,790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $924,340 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,090,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $10,977,540 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $130,685,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $3,216,360 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $38,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $840,720 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated "State General Funds (New)," $5,304,220 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $4,249,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $50,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $465,360 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $448,980 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $7,648,970 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $33,845,000 in

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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,596,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $32,770 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $462,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,097,480 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,970,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $100,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in

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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $113,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $445,200 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,369,200 is specifically appropriated for the purpose of financing the Geo. L. Smith II Georgia World Congress Center projects and facilities for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $412,020 is specifically appropriated for the purpose of financing projects and facilities for the Department of Labor, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,905,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $159,600 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development,

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1911

extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $11,550,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $137,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $216,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $109,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $210,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $448,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $3,314,290 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $226,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $102,060 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $453,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,400,000 in principal

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1913

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $991,010 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,385,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $319,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $452,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $168,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,058,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $151,200 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,512,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $18,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $12,204,000 is specifically appropriated for the purpose of financing projects and facilities for the Secretary of State, more specifically "equipment used for casting and counting votes in county, state, and federal elections," as authorized by subsection (a) of Section 21-2-300 of the Official Code of Georgia, Annotated, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $54,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,302,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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1915

From the appropriation designated "State General Funds (New)," $386,400 is specifically appropriated for the purpose of providing public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or board of trustees of public library systems through the Board of Regents of the University System of Georgia, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $2,498,160 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $29,740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $201,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $42,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $155,940 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Section 62. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2002

$ 15,773,307,509

Section 63. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 64. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House adopt the report of the Committee of Conference on HB 1001.

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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter

N Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B N Deloach, G N Dix Y Dodson E Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene

N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan Y Joyce N Kaye N Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas N Lunsford

Y Mueller N Muntean Y O'Neal 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 Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L

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 Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest Y Twiggs E Unterman

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

MONDAY, MARCH 18, 2002

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 Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the motion, the ayes were 134, nays 39. The motion prevailed.

1917
Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Wiles N Wilkinson N Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

Representative Allen of the 117th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

1918

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1002 Do Pass, by Substitute HB 1523 Do Pass HB 1547 Do Pass

HR 802 Do Pass HR 940 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1288 Do Pass HR 1376 Do Pass HR 1377 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

MONDAY, MARCH 18, 2002

1919

Representative Buck of the 135th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1244 Do Pass, by Substitute HB 1603 Do Pass SB 405 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman
The following Resolutions of the House were read:
HR 1385. By Representatives Porter of the 143rd and Purcell of the 147th: A RESOLUTION congratulating Kathleen Shearouse Futrelle on her 100th birthday; and for other purposes.
HR 1386. By Representative Connell of the 115th: A RESOLUTION honoring Mrs. Irene Benner Hilley; and for other purposes.
HR 1387. By Representative Burmeister of the 114th: A RESOLUTION commending the Westside High School girls volleyball team; and for other purposes.

1920

JOURNAL OF THE HOUSE

HR 1388. By Representative Burmeister of the 114th:
A RESOLUTION commending the Westside High School girls soccer team; and for other purposes.

HR 1389. By Representative Burmeister of the 114th:
A RESOLUTION commending the Westside High School boys soccer team; and for other purposes.

HR 1390. By Representative Burmeister of the 114th:
A RESOLUTION commending the Westminster Preparatory School boys soccer team; and for other purposes.

HR 1391. By Representatives Smith of the 12th, Reece of the 11th, Childers of the 13th and Jamieson of the 22nd:
A RESOLUTION recognizing and commending Robert Patrick Harris upon the occasion of his selection as the 2002 Rome City School System Teacher of the Year; and for other purposes.

HR 1392. By Representatives Reece of the 11th, Snow of the 2nd, Smith of the 12th, Cummings of the 27th and Childers of the 13th:
A RESOLUTION commending Brittany Hill; and for other purposes.

HR 1393. By Representative McCall of the 90th:
A RESOLUTION expressing regret at the passing of Terrance Alton Tankersley; and for other purposes.

HR 1394. By Representative Squires of the 78th: A RESOLUTION commending Stephen Cabe; and for other purposes.

MONDAY, MARCH 18, 2002

1921

HR 1395. By Representative Squires of the 78th: A RESOLUTION commending Graham Wells; and for other purposes.

HR 1396. By Representative Squires of the 78th:
A RESOLUTION commending Matthew Crow Hunter; and for other purposes.

HR 1397. By Representative Channell of the 111th: A RESOLUTION commending Theresa McCraney; and for other purposes.

HR 1398. By Representative Channell of the 111th: A RESOLUTION commending Ray Saltamacchio; and for other purposes.

HR 1399. By Representative Channell of the 111th:
A RESOLUTION commending Elizabeth MacGregor; and for other purposes.

HR 1400. By Representative Mangham of the 75th:
A RESOLUTION recognizing Atlanta University Day; and for other purposes.

HR 1401. By Representatives Brooks of the 54th and Wix of the 33rd:
A RESOLUTION recognizing the contributions of Jim Hurt and expressing sorrow at his passing; and for other purposes.

HR 1402. By Representatives Brooks of the 54th, Seay of the 93rd and McKinney of the 51st:

1922

JOURNAL OF THE HOUSE
A RESOLUTION honoring the life and achievements of William Glover "Billy" Densmore and expressing regret at his passing; and for other purposes.

HR 1403. By Representatives Childers of the 13th and Dodson of the 94th:
A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes.

HR 1404. By Representatives Childers of the 13th, Reece of the 11th and Smith of the 12th:
A RESOLUTION recognizing Model High School's centennial celebration; and for other purposes.

HR 1405. By Representative Millar of the 59th:
A RESOLUTION honoring the memory of William Glover "Billy" Densmore and expressing regret at his passing; and for other purposes.

HR 1406. By Representative Coleman of the 80th: A RESOLUTION commending Faye Mattison; and for other purposes.

HR 1407. By Representatives Reichert of the 126th, Stallings of the 100th, Teper of the 61st and DeLoach of the 119th:
A RESOLUTION recognizing the 150th anniversary of the Phi Mu Fraternity; and for other purposes.

HR 1408. By Representatives Holmes of the 53rd, Smyre of the 136th, Lucas of the 124th, Brooks of the 54th, McKinney of the 51st and others:
A RESOLUTION expressing regret at the passing of John Riddle; and for other purposes.

MONDAY, MARCH 18, 2002

1923

HR 1409. By Representatives Holmes of the 53rd, Smyre of the 136th, Lucas of the 124th, Brooks of the 54th, McKinney of the 51st and others:
A RESOLUTION commending Dr. Thomas W. Cole, Jr.; and for other purposes.

HR 1410. By Representative Ashe of the 46th:
A RESOLUTION commending the Southern Order of Storytellers and recognizing November 17-23, 2002, as Georgia Storytelling Week; and for other purposes.

HR 1411. By Representatives Ashe of the 46th and McBee of the 88th:
A RESOLUTION recognizing International Women's Month and commending Astrid Y. Pregel, Consul General of Canada; 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
Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks
Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter
Burmeister Byrd

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Dukes Y Ehrhart Epps Y Everett Floyd Forster Franklin Y Gardner Golick Grasse Graves Y Greene Y Hammontree Hanner

Y Hudgens Y Hudson, N
Hudson, S Hugley Y Irvin Y Jackson, B Jackson, L Y James Jamieson Jenkins Y Jennings Y Johnson Jordan Joyce Y Kaye Y Keen Y Knox Lane Y Lanier Y Lewis Lord Lucas Y Lunsford Maddox Mangham

Y Mueller Y Muntean Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Pelote Y Pinholster Poag Porter Powell Y Purcell Ragas Randall Ray Reece Reed Y Reichert Rice Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

Y Smith, B Smith, C Smith, C.W
Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires
Stallings Stanley Stanley-Turner Stephens Y Stokes Y Taylor Teague Y Teper Y Tillman Turnquest Twiggs E Unterman Walker, L Y Walker, R.L

1924
Callaway Y Campbell
Cash Channell Y Childers Y Coan Y Coleman, B Coleman, T Collins Y Connell Cooper

JOURNAL OF THE HOUSE

Harbin Harrell Y Heard Heckstall Y Hembree Henson Y Hines Holland Holmes Houston Y Howard

Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley Morris Mosley

Y Sailor Y Sanders
Scheid Y Scott
Seay Y Shanahan Y Shaw
Sholar Sims Sinkfield Y Skipper

On the adoption of the Resolutions, the ayes were 95, nays 0. The Resolutions were adopted.

Y Watson West
Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

Representatives Collins of the 29th 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 referred to the Committee on Rules:

HR 1384. By Representatives Buckner of the 95th, Stanley of the 50th, Manning of the 32nd, Seay of the 93rd, Holmes of the 53rd and others:
A RESOLUTION congratulating Martha McElveen Ezzard and inviting her to appear before 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 1376. By Representatives Smith of the 103rd and Westmoreland of the 104th:
A RESOLUTION commending The Heritage School Hawks boys basketball team; inviting the coaches and players to appear before the House of Representatives; and for other purposes.

MONDAY, MARCH 18, 2002

1925

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1564. By Representatives Johnson of the 35th, Parsons of the 40th, Wix of the 33rd, Manning of the 32nd and Buck of the 135th:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal taxation of hotel and motel and other rooms, lodgings, and accommodations, so as to provide for felony punishment for the failure to pay; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to provide for criminal penalties with respect to the failure to make returns and pay taxes due; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, is amended by adding a new Code section immediately following Code Section 48-13-58, to be designated Code Section 48-13-58.1, to read as follows:
"48-13-58.1. (a) It shall be unlawful for any innkeeper to fail to make a return and pay the taxes due under this article to any applicable governing authority imposing a tax under this article.
(b)(1) If the tax liability is $10,000.00 or less, any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. (2) If the tax liability is more than $10,000.00, any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years."

1926

JOURNAL OF THE HOUSE

SECTION 2. This Act shall become effective July 1, 2002, and shall apply with respect to offenses committed on or after that date. Prior law shall continue to apply with respect to any offense committed prior to that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Bulloch N Bunn Y Burkhalter Burmeister Y Byrd Y Callaway Y Campbell Cash Channell Y Childers Y Coan Y Coleman, B Coleman, T Y Collins N Connell Cooper

Y Cox Y Crawford Y Cummings N Davis
Day Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Dukes Y Ehrhart Y Epps Y Everett Floyd Forster N Franklin Y Gardner Y Golick Grasse Graves Y Greene Y Hammontree Hanner Y Harbin Harrell Y Heard Heckstall Y Hembree Henson Y Hines Holland N Holmes Houston Y Howard

Y Hudgens Y Hudson, N
Hudson, S Y Hugley N Irvin Y Jackson, B
Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson
Jordan Joyce Kaye Y Keen N Knox Y Lane Y Lanier N Lewis Lord Lucas Y Lunsford Y Maddox Mangham Manning N Massey Y McBee McCall McClinton McKinney N Millar Y Mills Mobley Y Morris Y Mosley

Mueller N Muntean N O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter
Powell Y Purcell
Ragas Y Randall Y Ray Y Reece
Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor N Sanders
Scheid Y Scott
Seay Y Shanahan Y Shaw
Sholar Y Sims
Sinkfield Y Skipper

Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre N Snelling
Snow Y Squires Y Stallings
Stanley Stanley-Turner Stephens N Stokes Y Taylor Teague Y Teper Y Tillman Turnquest N Twiggs E Unterman Walker, L Y Walker, R.L Y Watson West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Yates Murphy, Speaker

MONDAY, MARCH 18, 2002

1927

On the passage of the Bill, by substitute, the ayes were 101, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Snow of the 2nd, Stanley of the 49th 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.

HB 1398. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, Jenkins of the 110th and Holland of the 157th:
A BILL to amend Part 2 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to lighting equipment for motor vehicles, so as to require strobe lights to be mounted on garbage trucks; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson
Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Bulloch

Y Cox Y Crawford Y Cummings N Davis
Day Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd Forster N Franklin Y Gardner Y Golick N Grasse

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins
Jennings Y Johnson Y Jordan
Joyce Y Kaye N Keen N Knox Y Lane Y Lanier N Lewis Y Lord

Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray N Reece
Reed Y Reichert Y Rice Y Richardson

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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor
Teague N Teper Y Tillman
Turnquest

1928
N Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Graves Y Greene N Hammontree
Hanner N Harbin
Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines
Holland Holmes Houston Y Howard

Lucas Y Lunsford
Maddox Mangham Manning Y Massey Y McBee Y McCall McClinton McKinney N Millar Y Mills Mobley Y Morris Y Mosley

Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders
Scheid Y Scott
Seay Y Shanahan
Shaw Sholar Y Sims Sinkfield Y Skipper

Y Twiggs E Unterman
Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 108, nays 23. The Bill, having received the requisite constitutional majority, was passed.

Representatives Forster of the 3rd and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1080. By Representatives West of the 101st, Stallings of the 100th, Jamieson of the 22nd, Murphy of the 18th and Cummings of the 27th:
A BILL to amend Code Section 24-9-101 of the Official Code of Georgia Annotated, relating to definitions regarding certain interpreters in administrative and judicial proceedings, so as to change the definition of 'qualified interpreter'; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs relative to quality basic education, so as to require certification of personnel providing educational interpreting for hearing impaired students in local school systems or state operated school programs; to provide for related maters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 18, 2002

1929

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs relative to quality basic education, is amended by adding at the end thereof a new Code Section 20-2-159 to read as follows:
"20-2-159. Educational interpreters for students who are deaf or hearing impaired in local school systems or state operated school programs shall hold a current state quality assurance rating from the State of Georgia or a current national certification from the Registry of Interpreters of the Deaf or the National Association of the Deaf."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
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 Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Hanner Y Harbin Harrell

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Manning Y Massey

Y Mueller Y Muntean Y O'Neal 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
Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders

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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs E Unterman
Walker, L Y Walker, R.L Y Watson Y West

1930
Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Heard Heckstall
Y Hembree Henson
Y Hines Y Holland Y Holmes Y Houston Y Howard

Y McBee McCall McClinton McKinney
Y Millar Y Mills
Mobley Y Morris Y Mosley

Scheid Y Scott
Seay Y Shanahan Y Shaw
Sholar Y Sims
Sinkfield Y Skipper

Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Forster of the 3rd and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1548. By Representatives Lunsford of the 109th, Murphy of the 18th, Cash of the 108th, Westmoreland of the 104th and Yates of the 106th:
A BILL to amend Article 2 of Chapter 3 of Title 36 of the Official Code of Georgia Annotated, relating to proceedings to determine disputed county boundary lines, so as to provide that, subject to certain conditions, the affected counties may by mutual agreement determine where the disputed boundary line should lie; to provide that upon making certain findings the Secretary of State may accept such agreement and determine that it resolves the matter; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 3 of Title 36 of the Official Code of Georgia Annotated, relating to settlement of boundary disputes, so as to provide that, subject to certain conditions, the affected counties may by mutual agreement determine where the boundary line shall be located; to provide that upon making certain findings the Secretary of State may accept such agreement and determine that it resolves the matter; to provide

MONDAY, MARCH 18, 2002

1931

for recordation and effect of such agreement and determination; 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 2 of Chapter 3 of Title 36 of the Official Code of Georgia Annotated, relating to settlement of boundary disputes, is amended by adding after Code Section 36-3-21 a new Code Section 36-3-21.1 to read as follows:
"36-3-21.1. (a) At any time after certification of the grand jury presentment to the Governor and prior to a final determination by the Secretary of State under Code Section 36-3-24, the governing authorities of the affected counties may by mutual agreement determine where the boundary line shall be located. Any such agreement shall be evidenced by the adoption of an appropriate concurrent unanimous resolution by the governing authority of each affected county; and each such resolution shall incorporate or incorporate by reference an agreed upon plat, description, or other means of definitely ascertaining the boundary line. (b) The resolutions of the affected counties shall be filed with the Secretary of State and the Department of Community Affairs, together with the agreed upon plat, description, or other means of definitely ascertaining the county line. If the Secretary of State finds that:
(1) Such resolutions meet the requirements of this Code section; (2) The agreed upon plat, description, or other means adequately defines the boundary line; (3) The surveyor, if appointed, has been adequately compensated for services performed to date or adequate arrangements have been made for the payment of such compensation; and (4) The agreement is otherwise proper to terminate the boundary dispute, then the Secretary of State may enter a written determination that the disputed boundary line has been determined by agreement as authorized by this Code section. Such written determination, the concurrent resolutions of the affected counties, and the plat, description or other means of definitely ascertaining the boundary line shall be recorded in the same manner and with the same effect provided for in Code Section 36-3-25."
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.

1932

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 Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd N Callaway Y Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Dukes Y Ehrhart Y Epps Y Everett Y Floyd Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Hanner Y Harbin Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y 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
Sholar Y Sims
Sinkfield Y Skipper

Y Smith, B Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J
Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, MARCH 18, 2002

1933

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.

Representatives Forster of the 3rd, Snow of the 2nd 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.

By unanimous consent, HB 1548 was ordered immediately transmitted to the Senate.

HB 1489. By Representatives Ehrhart of the 36th, Wix of the 33rd, Wiles of the 34th and Manning of the 32nd:
A BILL to amend certain laws and provisions of the Official Code of Georgia Annotated, and certain codified and uncodified laws based upon classification by population so as to revise and change the population and census application; 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 Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett N Floyd
Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves

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 Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D

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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman
Turnquest Y Twiggs

1934
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 Greene 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 Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan Y Shaw
Sholar Y Sims
Sinkfield Y Skipper

E Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Floyd of the 138th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Forster of the 3rd 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 Speaker Pro Tem assumed the Chair.

HB 1542. By Representatives Murphy of the 18th, Cummings of the 27th, West of the 101st, Hembree of the 98th, Snelling of the 99th and others:
A BILL to amend an Act known as the "West Georgia Regional Water Authority Act," so as to remove Douglas County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority; to change the provisions relating to quorums; to change the definition of the term "member county"; to change the definition of the term "West Georgia region"; and for other purposes.

MONDAY, MARCH 18, 2002

1935

The report of the Committee, which was favorable to the 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 Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y 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 Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley Y Morris Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y 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
Sholar Y Sims
Sinkfield Y Skipper

Y Smith, B Y Smith, C
Smith, C.W Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Yates Y Murphy, Speaker

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Collins of the 29th, Forster of the 3rd 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.

1936

JOURNAL OF THE HOUSE

HB 1204. By Representatives Birdsong of the 123rd, Parham of the 122nd, Murphy of the 18th, Skipper of the 137th, Walker of the 141st and others:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for an exemption with respect to certain motor vehicles owned by recipients of the Medal of Honor; 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 Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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
Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Smith, C 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix
Yates Murphy, Speaker

MONDAY, MARCH 18, 2002

1937

On the passage of the Bill, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1400. By Representatives Skipper of the 137th and Childers of the 13th:
A BILL to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are patients or clients in a facility; to authorize a facility to arrange for transportation of an inpatient or client under the care of the facility by means other than the county sheriff; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are patients or clients in a facility; to authorize a facility to arrange for transportation of an inpatient or client under the care of the facility by means other than with the county sheriff; to provide for payment by the patient or client for transportation; to prohibit the billing of the local governing authority for transportation not provided by the county sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-101, relating to transportation of patients generally, and inserting in its place the following:

1938

JOURNAL OF THE HOUSE

"37-3-101. (a) The governing authority of the county of the patients residence shall arrange for all required transportation of the patient. The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of a patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patients residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patients condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patients residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patients residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with the requirements of Code Section 37-3-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 2. Said title is further amended by striking Code Section 37-4-61, relating to transportation of clients generally, and inserting in its place the following:
"37-4-61. (a) The governing authority of the county of the clients residence shall arrange for all required transportation of the client. The governing authority of the county where the client is found or located shall arrange for initial emergency transport of a client to an emergency receiving facility. Except as otherwise authorized under subsection (b) of

MONDAY, MARCH 18, 2002

1939

this Code section, the governing authority of the county of the clients residence shall arrange for all required transportation for mental retardation services subsequent to the initial transport. The type of vehicle employed shall be determined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the community mental retardation program, shall order the sheriff to transport the client in such manner as the clients condition demands. At any time such community mental retardation program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a client is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the client and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the clients residence, the court, or the community mental retardation program. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the clients residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the client under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the client shall comply with the requirements of Code Section 37-4-124. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the client and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 3. Said title is further amended by striking Code Section 37-7-101, relating to transportation of patients generally, and inserting in its place the following:
"37-7-101. (a) The governing authority of the county of the patients residence shall arrange for all required transportation of the patient. The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of the patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patients residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the

1940

JOURNAL OF THE HOUSE

community mental health center, order the sheriff to transport the patient in such manner as the patients condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patients residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patients residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with Code Section 37-7-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Henson of the 65th et al., was read and adopted:

A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individuals who are patients or clients in a facility; to authorize a facility to arrange for transportation of an inpatient or client under the care of the facility by means other than with the county sheriff; to provide for payment by the patient or client for transportation; to prohibit the billing of the local governing authority for transportation not provided by the county sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 18, 2002

1941

SECTION 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-101, relating to transportation of patients generally, and inserting in its place the following:
"37-3-101. (a) The governing authority of the county of the patients residence shall arrange for all required transportation of the patient. The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of a patient to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the patients residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patients condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No In nonemergency situations, no female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patients residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patients residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with the requirements of Code Section 37-3-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 2. Said title is further amended by striking Code Section 37-4-61, relating to transportation of clients generally, and inserting in its place the following:

1942

JOURNAL OF THE HOUSE

"37-4-61. (a) The governing authority of the county of the clients residence shall arrange for all required transportation of the client. The governing authority of the county where the client is found or located shall arrange for initial emergency transport of a client to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the county of the clients residence shall arrange for all required transportation for mental retardation services subsequent to the initial transport. The type of vehicle employed shall be determined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the community mental retardation program, shall order the sheriff to transport the client in such manner as the clients condition demands. At any time such community mental retardation program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No In nonemergency situations, no female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a client is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the client and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the clients residence, the court, or the community mental retardation program. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the clients residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the client under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the client shall comply with the requirements of Code Section 37-4-124. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the client and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 3. Said title is further amended by striking Code Section 37-7-101, relating to transportation of patients generally, and inserting in its place the following:
"37-7-101. (a) The governing authority of the county of the patients residence shall arrange for all required transportation of the patient. The governing authority of the county where the patient is found or located shall arrange for initial emergency transport of the patient to an emergency receiving facility. Except as otherwise authorized under subsection (b)

MONDAY, MARCH 18, 2002

1943

of this Code section, the governing authority of the county of the patients residence shall arrange for all required transportation for mental health purposes subsequent to the initial transport. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patients condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No In nonemergency situations, no female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. (b) Notwithstanding the provisions of subsection (a) of this Code section, when a patient is under the care of a facility, the facility shall have the discretion to determine the type of vehicle to safely transport the patient and to arrange for such transportation without the need to obtain the prior approval of the governing authority of the county of the patients residence, the court, or the community mental health center. This subsection shall not prevent the facility from requesting and receiving transportation services from the governing authority of the county of the patients residence and shall not relieve the county sheriff of the duty of providing transportation. Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility. The use of physical restraints to ensure the safe transport of the patient shall comply with Code Section 37-7-165. When transportation is not provided by the county sheriff, the expense of such transportation shall not be billed to the county governing authority but may be billed to the patient and, unless agreed to in writing by the facility, shall not be billed to or considered an obligation of the facility."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister

Y Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

1944
Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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
Mangham Y Manning Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley

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 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, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1402. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Ashe of the 46th:
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 a special license plate supporting certain breast cancer related programs for the medically indigent;

MONDAY, MARCH 18, 2002

1945

to dedicate revenue derived from the sale of such special license plates to the Indigent Care Trust Fund; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Mangham Y Manning Y Massey Y McBee Y McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Mosley

Y Mueller Muntean
Y O'Neal 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
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

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix
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.

1946

JOURNAL OF THE HOUSE

Representatives Smith of the 91st and Snow of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 1291. By Representative Connell of the 115th:
A BILL to amend Article 2 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state court judges and solicitors, so as to provide for reimbursement of travel and educational expenses; to amend provisions relating to the Council of State Court Judges of Georgia; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 15-7-26 of the Official Code of Georgia Annotated, relating to the Council of State Court Judges of Georgia, so as to amend provisions relating to the officers of the Council of State Court Judges of Georgia; 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 15-7-26 of the Official Code of Georgia Annotated, relating to the Council of State Court Judges of Georgia, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) There is created a state court judges council to be known as 'The Council of State Court Judges of Georgia.' The council shall be composed of the judges, senior judges, and judges emeriti of the state courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a president-elect, a secretary, and a treasurer. The executive committee of said council shall consist of the officers, the immediate past president, and two additional members elected by the council."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 18, 2002

1947

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 Benfield Y Birdsong
Black Y Boggs 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 Y Dean Y Deloach, B Y Deloach, G E Dix
Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R 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.

1948

JOURNAL OF THE HOUSE

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1162. By Representatives Seay of the 93rd, Anderson of the 116th, Dean of the 48th, Brooks of the 54th, Hugley of the 133rd and others:
A BILL to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to change a definition relating to "The Small Business Assistance Act of 1975"; to change provisions relating to qualifications for certification as a minority business enterprise by the Department of Administrative Services; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to change a definition relating to "The Small Business Assistance Act of 1975"; to change provisions relating to qualifications for certification as a minority business enterprise by the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended by striking Code Section 50-5-121, relating to definitions relative to "The Small Business Assistance Act of 1975," in its entirety and inserting in lieu thereof the following:
"50-5-121. For the purposes of this part, the term:
(1) 'Department' means the Department of Administrative Services. (2) 'Small business' means a business which is independently owned and operated. In addition, such business must have either fewer than 100 employees or less than $1 $10 million in gross receipts per year averaged over the three most recently completed fiscal years of operation; if the business has been in operation for less than three complete fiscal years, the business must average less than $10 million in gross receipts for the completed fiscal years during which the business has been in operation."

MONDAY, MARCH 18, 2002

1949

SECTION 2. Said chapter is further amended by striking Code Section 50-5-132, relating to eligibility and procedures for certification as a minority business enterprise, in its entirety and inserting in lieu thereof the following:
"50-5-132. (a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services. The certification procedures used by the Department of Administrative Services for a minority business enterprise, as defined in Code Section 50-5-131, shall be consistent with the Code of Federal Regulations outlining federal Department of Transportation certification procedures for minority business enterprises, disadvantaged business enterprises, and women business enterprises as defined in federal law. (b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall:
(1) Be a minority business enterprise; (2) Submit any documentary evidence required by the Department of Administrative Services to support its status as a minority business enterprise; (3) Sign an affidavit stating that it is a minority business enterprise; and (4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and (5) Present:
(A) An application, including the entire business history of the operation; (B) Birth certificates for all minority principals; (C) If Native American, a tribal registration card or certificate; (D) Current resumes on all principals, key managers, and other key personnel; (E) A current financial statement; (F) Proof of investment by principals; (G) Loan agreements; (H) Lease or rental agreement for space and equipment; (I) Evidence of latest bond; (J) If the applicant is a sole proprietor, a copy of a blank signature card; (K) If the applicant is a partnership, a copy of the partnership agreement; and (L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return. (c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises.

1950

JOURNAL OF THE HOUSE

(d) The Department of Administrative Services may deny certification to any minority business enterprise which does not qualify as such under the provisions of this part. Any person adversely affected by an order of the Department of Administrative Services denying certification as a minority business enterprise may appeal as provided in the regulations of the Department of Administrative Services."
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 Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
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
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis N Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson E Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene
Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes Y Houston N Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y 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
Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J N Williams, R Y Wix Y Yates
Murphy, Speaker

MONDAY, MARCH 18, 2002

1951

On the passage of the Bill, by substitute, the ayes were 147, nays 16.
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.
The Speaker assumed the Chair.
HB 1245. By Representatives Ashe of the 46th, McKinney of the 51st and Teper of the 61st:
A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to change certain provisions relating to use of proceeds of a sales and use tax for the Authority; and for other purposes.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1245 by adding after the semicolon on line 3 of page 1 the following:
"to provide for submission of annual budgets of the Authority to the Metropolitan Atlanta Rapid Transit Overview Committee;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and inserting a new Section 2 to read as follows:
"SECTION 2. Said Act is further amended by striking subsection (b) of Section 17 and inserting in its place a new subsection to read as follows: '(b) During each fiscal year the Board shall propose an annual operating budget for the ensuing fiscal year and hold a public hearing thereon. At the time of or prior to such public hearing, the Board shall provide a copy of the proposed annual operating budget to the Metropolitan Atlanta Rapid Transit Overview Committee. After such public hearing the Board shall review its proposed budget, and, on or before the last day of the fiscal

1952

JOURNAL OF THE HOUSE

year, it shall adopt an annual operating budget for the ensuing fiscal year. In the annual operating budget each operating fund shall be set forth separately and show an estimate of the fund balance to be available at the beginning of the year, an estimate of anticipated credits during the year according to source, an estimate of anticipated charges, including capital outlay or debt service properly to be financed from anticipated revenues, and comparative data on the last two completed fiscal years and similar data, actual or estimated, for the current year.'"

The following amendment was read:

The Committee on State Planning and Community Affairs moves to amend HB 1245 by striking line 16 of page 1 and inserting in lieu thereof the following:
"amortization, and other costs and charges as provided in this subsection, until July 1, 2007; and on and after July 1, 2007, and until July 1, 2032, no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection".

The following amendment was read:

Representative Willard of the 44th et al., move to amend the Committee amendment to HB 1245 by striking lines 2 through 8 of page 1 and inserting in lieu thereof the following:
"Amend HB 1245 by inserting 'to provide for an audit and report thereof;' before 'to provide an' on line 3 of page 1.
By striking line 16 of page 1 through line 4 of page 2 and inserting in lieu thereof the following:
'amortization, and other costs and charges as provided in this subsection, until July 1, 2032, after which time July 1, 2004; except that if the operating costs of the system for either the period of July 1, 2001, through June 30, 2002, or July 1, 2002, through June 30, 2003, exceeded the operating costs of the system during the immediately preceding 12 month period by more than four percent (4%), then no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection during the period of July 1, 2003, through

MONDAY, MARCH 18, 2002

1953

June 30, 2004. The Board of the Metropolitan Atlanta Rapid Transit Authority shall file with the Metropolitan Atlanta Rapid Transit Overview Committee not later than December 31, 2002, the original and 14 copies of a report of the findings of a completed management performance audit of the authoritys current operations, which audit was performed under contract with and at the expense of the authority by the Georgia Regional Transportation Authority pursuant to paragraph (16) of subsection (a) of Code Section 50-32-11 of the O.C.G.A., along with any auditors recommendations based thereon and the auditors signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary. After July 1, 2004, and until July 1, 2032, no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. After July 1, 2032, no more than sixty percent (60%) of the annual'.
By inserting 'capital' at the beginning of line 28 of page 2.".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Benfield
Birdsong Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch E Bunn Y Burkhalter Y Burmeister Byrd Y Callaway Y Campbell

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G
Dix N Dodson E Drenner N Dukes Y Ehrhart N Epps
Everett Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin Harrell

Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey

Y Mueller Y Muntean Y O'Neal 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
Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders

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 N Stanley N Stanley-Turner Y Stephens N Stokes 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

1954
Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard

N McBee McCall
N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 70, nays 93. The amendment was lost.

Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The Committee amendment was adopted.

The following amendment was read and adopted:

Representative Everett of the 163rd moves to amend HB 1245 as follows: On page 3 delete lines 3 through 9.

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:

Allen N Amerson
Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks

N Cox N Crawford Y Cummings N Davis N Day Y Dean Y Deloach, B N Deloach, G
Dix Y Dodson E Drenner Y Dukes N Ehrhart Y Epps
Everett Floyd

N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen

N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

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 Y Stanley Y Stanley-Turner N Stephens Y Stokes

Y Broome N Brown Y Buck Y Buckner N Bulloch E Bunn N Burkhalter N Burmeister
Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

MONDAY, MARCH 18, 2002

N Forster N Franklin Y Gardner Y Golick N Grasse N Graves Y Greene N Hammontree Y Hanner N Harbin
Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard

N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey Y McBee
McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Reece Reed
Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders
Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

1955
Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 98, nays 64.
The Bill, having received the requisite constitutional majority, was passed, 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.

By unanimous consent, HB 1245 was ordered immediately transmitted to the Senate.

Representative Walker of the 141st assumed the chair.

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.

1956

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs 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
Dix Y Dodson E Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y 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

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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1457. By Representative Buck of the 135th: A BILL to amend Chapter 1 of Title 10 of the Official Code of Georgia

MONDAY, MARCH 18, 2002

1957

Annotated, relating to selling and other trade practices, so as to repeal Article 6 thereof, relating to interstate purchase of rifles and shotguns; and for other purposes.

The following amendment was read and adopted:

Representative Franklin of the 39th et al. move to amend HB 1457 by striking line 2 of page 1 and inserting in lieu thereof the following:
"and other trade practices, so as to change certain provisions relating to interstate purchase of".
By striking lines 10 through 19 of page 1 and inserting in lieu thereof the following:
"10-1-100. Residents of the State of Georgia may purchase rifles and shotguns in any state contiguous to the State of Georgia of the United States, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous state in which the purchase is made.
10-1-101. Residents of any state contiguous to the State of Georgia of the United States may purchase rifles and shotguns in the State of Georgia, provided such residents conform to applicable provisions of statutes and regulations of the United States, of the State of Georgia, and of the contiguous state in which such persons reside.'"

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson

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 Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag

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

1958
Black Y Boggs 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

E Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed 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 Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
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, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1604. By Representative Holland of the 157th:
A BILL to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court of the Tifton Judicial Circuit; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of court of the Tifton Judicial

MONDAY, MARCH 18, 2002

1959

Circuit; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking in its entirety paragraph (39) and inserting in lieu thereof the following:
"(39) Tifton Circuit: (A) Irwin County - Third and fourth Mondays in February and second and third Mondays in May and November Second Monday in February and second Monday in August. (B) Tift County - First Monday in March and September and first and second Mondays in June and December Second Monday in March and second Monday in September. (C) Turner County - Second and third Mondays in January and July and second Monday in April and October Second Monday in April and second Monday in October. (D) Worth County - Fourth Monday in January, April, July, and October Second Monday in January and second Monday in July."
SECTION 2. This Act shall become effective on January 1, 2003; provided, however, that the November, 2002, term of court in Irwin County shall continue until the second Monday in February, 2003; the December, 2002, term of court in Tift County shall continue until the second Monday in March 2003; the October, 2002, term of court in Turner County shall continue until the second Monday in April, 2003; and the October, 2002, term of court in Worth County shall continue until the second Monday in January, 2003.
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 Cox Y Crawford Y Cummings Y Davis

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley

Y Mueller Y Muntean
O'Neal Y Orrock

Smith, B Y Smith, C Y Smith, C.W Y Smith, L

1960
Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs 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 Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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
Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay
Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative O'Neal of the 139th 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 1482. By Representatives Lucas of the 124th, Epps of the 131st, Brooks of the 54th, Snow of the 2nd, Buck of the 135th and others:
A BILL to amend Code Section 50-8-191 of the Official Code of Georgia Annotated, relating to application for regional economic assistance project (REAP) designation, minimum criteria, and reciprocal use agreements with

MONDAY, MARCH 18, 2002

1961

adjacent facilities, so as to change the provisions relating to the minimum criteria for application for designation as a regional economic assistance project; and for other purposes.

The following amendment was read:

Representatives Mills of the 21st and Smith of the 19th move to amend HB 1482 as follows:
On page 2, after line 2, add
"(4) If any project proposed to be designated as a REAP is located within any political subdivision or municipality where malt beverages and wine or distilled spirits are not already authorized to be sold by the drink before any REAP shall be so authorized to sell malt beverages and wine or distilled spirits by the drink, the REAP must be approved by a local referendum in the same manner as approval is granted for the sale by the drink of malt beverages and wine or distilled spirits."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson N Ashe
Bannister Barnard N Barnes N Bell N Benfield N Birdsong Black Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch E Bunn Y Burkhalter Y Burmeister Y Byrd

Y Cox N Crawford
Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G
Dix N Dodson E Drenner N Dukes E Ehrhart N Epps
Everett Floyd Y Forster Y Franklin N Gardner Golick Y Grasse Y Graves Greene Y Hammontree N Hanner

Y Hudgens Y Hudson, N N Hudson, S N Hugley
Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox
Mangham

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish
Parsons N Pelote Y Pinholster
Poag N Porter N Powell
Purcell N Ragas N Randall N Ray N Reece
Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal

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
Snow N Squires
Stallings N Stanley N Stanley-Turner Y Stephens
Stokes N Taylor Y Teague N Teper N Tillman N Turnquest
Twiggs Y Unterman
Walker, L Y Walker, R.L

1962
Y Callaway Y Campbell Y Cash
Channell N Childers Y Coan Y Coleman, B
Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Harbin Harrell
N Heard N Heckstall Y Hembree
Henson Y Hines N Holland
Holmes Houston Howard

Y Manning Y Massey Y McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris Y Mosley

Sailor Y Sanders Y Scheid N Scott N Seay
Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 68, nays 75. The amendment was lost.

N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter N Burmeister N Byrd N Callaway Y Campbell N Cash N Channell Y Childers

N Cox Y Crawford Y Cummings Y Davis
Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene N Hammontree Y Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hembree

N Hudgens Y Hudson, N Y Hudson, S Y Hugley
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 N Lanier N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey
McBee Y McCall Y McClinton

Y Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay

Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest N Twiggs Y Unterman
Walker, L N Walker, R.L Y Watson Y West Y Westmoreland N Wiles Y Wilkinson

N Coan Y Coleman, B
Coleman, T Y Collins Y Connell N Cooper

MONDAY, MARCH 18, 2002

Y Henson N Hines Y Holland Y Holmes Y Houston
Howard

Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

1963
Y Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 122, nays 36. The Bill, having received the requisite constitutional majority, was passed.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1111. By Representative Parham of the 122nd:
A BILL to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road relative to driving on the right side of roadways, overtaking and passing, and following too closely, so as to change certain provisions relating to trucks using multilane highways; to provide lane usage restrictions for certain vehicles or combinations of vehicles on multilane highways; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road relative to driving on the right side of roadways, overtaking and passing, and following too closely, so as to change certain provisions relating to trucks using multilane highways; to provide lane usage restrictions for certain vehicles or combinations of vehicles on multilane highways; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road relative to driving on the right side of roadways, overtaking and

1964

JOURNAL OF THE HOUSE

passing, and following too closely, is amended by striking Code Section 40-6-52, relating to trucks using multilane highways, and inserting in lieu thereof the following:
"40-6-52. (a) As used in this Code section, the term 'truck' means any vehicle equipped with more than six wheels This Code section shall apply to any vehicle designed or used to transport property and having a gross vehicle weight rating of 26,001 pounds or more, any truck and trailer combination, or any vehicle being used in the transportation of hazardous materials which require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F. (b) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any truck vehicle or combination of vehicles subject to this Code section to operate in any lanes other than the two most right-hand lanes, except when the truck such vehicle or combination is preparing for a left turn or as otherwise provided by subsection (d) of this Code section. (c) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any truck vehicle or combination of vehicles subject to this Code section to operate in the left-hand lane, except when the truck such vehicle or combination is actually overtaking and passing another vehicle, preparing for to merge left or make a left turn, or as otherwise provided by subsection (d) of this Code section. (d) On interstate highways with four or more lanes allowing for movement in the same direction, the Department of Transportation may designate specific lanes that either prohibit or allow trucks those vehicles or combinations of vehicles which are subject to this Code section. Where truck lane usage has been so designated and indicated as such by signs erected by the Department of Transportation, with a message containing the phrase 'trucks over six wheels,' it shall be unlawful for any truck such vehicle or combination to operate in any lanes other than as designated."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish

Smith, B Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs 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

MONDAY, MARCH 18, 2002

Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 Manning Y Massey Y McBee Y McCall Y McClinton
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
Randall Ray Y Reece Reed 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

1965
Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Smith of the 175th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1622. By Representatives Jackson of the 148th, Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Childers of the 13th and others:

1966

JOURNAL OF THE HOUSE
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 change a conviction for practicing dentistry without a license to a felony and to establish penalties for such conviction; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
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
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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
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 Y 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 Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller N Muntean Y O'Neal 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
Reed Y Reichert N Rice
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
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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 N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 149, nays 8.

MONDAY, MARCH 18, 2002 The Bill, having received the requisite constitutional majority, was passed.

1967

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1575. By Representatives Davis of the 60th, Richardson of the 26th, Ragas of the 64th, Walker of the 141st and Skipper of the 137th:
A BILL to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to demand of jury panels from which to select a jury in civil actions in the state courts and the superior courts, so as to change the monetary limit for a jury of 12 in state courts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs 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 Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed N Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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

1968
Y Childers Y 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
Howard

Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 1001. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2001-2002 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 2001-2002; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 861. By Senators Starr of the 44th, Walker of the 22nd and Dean of the 31st:
A RESOLUTION relative to adjournment; and for other purposes.

The following Resolution of the Senate was read:

MONDAY, MARCH 18, 2002

1969

SR 861. By Senators Starr of the 44th, Walker of the 22nd and Dean of the 31st

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Tuesday, March 19, 2002, and shall reconvene on Monday, March 25, 2002.
BE IT FURTHER RESOLVED that for the remainder of the 2002 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on any Friday on which the General Assembly is in session and reconvene on the following Monday.
BE IT FURTHER RESOLVED that the hours for closing and convening the Senate on each such day shall be as ordered by the Senate and the hours for closing and convening the House on each such day shall be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Allen N Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch E Bunn Y Burkhalter

N Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene

N 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
Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford

N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L

N Smith, B Y Smith, C N Smith, C.W
Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest
Twiggs N Unterman

1970
N Burmeister Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

N Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard

Y Maddox Y Mangham Y Manning N Massey N McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Rogers Y Royal
Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the adoption of the Resolution, the ayes were 110, nays 52. The Resolution was adopted.

Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson Y Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1415. By Representatives Orrock of the 56th, Benfield of the 67th, Grasse of the 16th, Ashe of the 46th, Manning of the 32nd and others:
A RESOLUTION commending the YWCA of Greater Atlanta on its 100th Anniversary and inviting representatives to appear before 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 1377. By Representative Coleman of the 142nd:
A RESOLUTION commending and inviting the Bleckley County High School cheerleading squad and coaches to appear before the House of Representatives; and for other purposes.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

MONDAY, MARCH 18, 2002

1971

Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1699 Do Pass

Respectfully submitted, /s/ Lane of the 146th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1368. By Representatives Smith of the 175th, Turnquest of the 73rd, Parham of the 122nd, Ehrhart of the 36th and Dukes of the 161st:
A BILL to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for renewal of drivers' licenses upon applications submitted by means other than personal appearance before the Department of Motor Vehicle Safety; to change certain provisions relating to license requirement, surrender of prior licenses, and prohibition of local licenses; and for other purposes.

The following amendment was read:

Representative Joyce of the 1st moves to amend HB 1368 as follows: Insert after line 19, page 1 No person shall be required to submit fingerprints for renewal of drivers license.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1972
Allen Y Amerson
Anderson N Ashe Y Bannister N Barnard N Barnes N Bell N Benfield N Birdsong
Black Y Boggs
Bordeaux N Borders N 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 Y Channell N Childers Y Coan
Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G
Dix N Dodson E Drenner N Dukes E Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin
Harrell N Heard Y Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard

Y Hudgens N Hudson, N N Hudson, S N Hugley
Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall
McClinton McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote
Pinholster Poag N Porter Powell N Purcell Ragas N Randall N Ray N Reece Reed 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

On the adoption of the amendment, the ayes were 72, nays 85. The amendment was lost.

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P
Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings Y Stanley N Stanley-Turner Y Stephens Y Stokes N Taylor N Teague N Teper N Tillman N Turnquest N Twiggs N Unterman
Walker, L Y Walker, R.L N Watson Y West Y Westmoreland Y Wiles N Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates N Murphy, Speaker

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister

N Cox N Crawford Y Cummings Y Davis Y Day

Y Hudgens Hudson, N
Y Hudson, S Y Hugley
Irvin

Y Mueller N Muntean Y O'Neal Y Orrock Y Parham

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
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

MONDAY, MARCH 18, 2002

Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parrish Y Parsons Y Pelote
Pinholster Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y 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

1973
Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 154, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1582. By Representatives Walker of the 141st, Dix of the 76th, Squires of the 78th and Bordeaux of the 151st:
A BILL to revise provisions of law relating to the recording of records by clerks of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to change provisions relating to types of records required to be maintained; to provide that clerks shall not be required to refund certain excess sums tendered to them; to amend Code Section 34-8-167 of the Official Code of Georgia Annotated, relating to collection of delinquent employment security contributions, so as to change provisions relating to recording of liens for such delinquent amounts; to amend Article 1 of Chapter 2 of Title 44 of the

1974

JOURNAL OF THE HOUSE
Official Code of Georgia Annotated, relating to recordation of deeds and other instruments; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To revise provisions of law relating to the recording of records by clerks of superior court; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to change provisions relating to types of records required to be maintained; to change provisions relating to participation in the state-wide uniform automated information system; to provide that clerks shall not be required to refund certain excess sums tendered to them; to amend Code Section 34-8167 of the Official Code of Georgia Annotated, relating to collection of delinquent employment security contributions, so as to change provisions relating to recording of liens for such delinquent amounts; to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation of deeds and other instruments, so as to change provisions relating to recording of such records by clerks; to provide for other 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 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, is amended by striking paragraph (4) of subsection (a) of Code Section 15-6-61, relating to duties of clerks and their records, and inserting in its place a new paragraph to read as follows:
"(4) To keep in the clerks office the following dockets or books: (A) A An automated civil docket case management system which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, URESA Uniform Interstate Family Support Act actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions; (B) A An automated criminal docket case management system which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal docket case management system shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judges pleasure. When a case is thus dead docketed, all

MONDAY, MARCH 18, 2002

1975

witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; and (C) A general execution docket on which may be entered all executions, such docket to be indexed in the name of the judgment debtor; (D) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such docket to have direct and reverse indexes; (E)(C) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, executions, lis pendens, maps and plats, and all or other documents concerning or evidencing title to real or personal property, where not otherwise specifically provided for; and. When any other law of this state refers to a general execution docket, lis pendens docket, or attachment docket, such other law shall be deemed to refer to the docket or other record or records provided for in this subparagraph; (F) An attachment docket, showing the names of the plaintiff and defendant in attachment, the court to which the attachment is returnable, the amount claimed, and a brief description of the land or other property to be levied on;"
SECTION 2. Said Article 2 of Chapter 6 of Title 15 is further amended by striking paragraph (15) of subsection (a) of said Code Section 15-6-61 and inserting in its place a new paragraph to read as follows:
"(15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate and personal property data for any such information systems established by such authority so as to provide for public access to real estate and personal property information, including liens filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property and such personal property information or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system, including information filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide and transmit real estate and personal property information filed in the office of the clerk of superior court, including information required by Code Section 44-2-2 and maps and plats, to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority;"
SECTION 3. Said Article 2 of Chapter 6 of Title 15 is further amended by adding at the end of Code Section 15-6-77, relating to clerks fees, a new subsection (n) to reads as follows:

1976

JOURNAL OF THE HOUSE

"(n) The clerk of superior court shall not be required to refund excess sums tendered to the clerk as payment of costs or fees enumerated in this Code section when such payment exceeds the amount required by this Code section by less than $15.00."
SECTION 4. Code Section 34-8-167 of the Official Code of Georgia Annotated, relating to collection of delinquent employment security contributions, is amended by striking subsections (c) and (d) and inserting in their place the following:
"(c) Nothing contained in this Code section shall prevent the Commissioner from having the execution or writ of fieri facias entered upon the general execution docket prior to the time the execution is turned over to a levying officer designated by the Commissioner for collection. The Commissioner may file the execution with the clerk of the superior court of the employers residence, place of business, or in any the county in which the employer may own property. It shall then be the duty of the clerk of the superior court of the county in which the execution is filed to enter the execution on upon the general execution docket lien records of the superior court of said county, with the execution being recorded in the same manner and form as prescribed by the general laws of the State of Georgia relating to executions issued by a superior court of this state and processed and transmitted electronically for inclusion in the state-wide uniform automated information system for real and personal property records, as provided in Code Section 15-6-97. (d) The amount of any contributions not paid when due, including any interest, penalties, and costs, shall constitute a lien upon all property and rights to property and upon all after-acquired property and rights to property, both real and personal, of the employer liable for such contributions. The lien shall attach and be perfected as of the date such contributions become due and shall have parity with other tax liens and be prior, superior, and paramount to all other liens or encumbrances attaching to any of such property; provided, however, the lien shall not be preserved against purchasers, judgment creditors, pledgees, subsequent tax liens, or other liens or encumbrances until an execution for such contributions has been entered on the general execution docket. When the execution has been issued and docketed as required in subsection (c) of this Code Section, the lien shall be a perfected lien upon all property and rights to property of the employer, both real and personal, in each county in which such execution is docketed of this state."
SECTION 5. Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation of deeds and other instruments, is amended by striking Code Section 44-2-2, relating to dockets that clerks of superior court are required to keep for filing deeds, mortgages, and liens of all kinds, and inserting in its place the following:
"44-2-2. (a)(1) The clerk of the superior court shall keep a docket for the filing for record of deeds, mortgages, and liens of all kinds, which docket shall show the day and hour of

MONDAY, MARCH 18, 2002

1977

the recording and which shall be open for examination and inspection as other records of his office. file, index on a computer program designed for such purpose, and permanently record, in the manner provided constructively in Code Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring, encumbering, or affecting real estate and personal property:
(A) Deeds; (B) Mortgages; (C) Liens of all kinds; and (D) Maps or plats relating to real estate in the county. (2) For the purpose of this subsection, 'liens' shall be defined as provided in Code Sections 15-19-14, 44-14-320, and 44-14-602 and shall include all liens provided by state or federal statute. (3) When indexing liens, the clerk shall enter the names of debtors in the index in the manner provided for names of grantors conveying real estate in subsection (b) of Code Section 15-6-66 and the names of creditors or claimants in the manner as provided therein for names of grantees making such conveyances. (4) When indexing maps or plats relating to real estate in the county, the clerk of superior court shall index the names or titles provided in the caption of the plat, as required by paragraph (2) of subsection (b) of Code Section 15-6-67, as both the grantor and grantee. (b) Deeds, mortgages, and liens of all kinds which are required by law to be recorded in the office of the clerk of the superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice shall take effect only from the time they are filed for record in the clerks office. (c) Nothing in this Code section shall be construed to affect the validity or force of any deed, mortgage, judgment, or lien of any kind between the parties thereto."
SECTION 6. This Act shall become effective on January 1, 2004.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson

Y Cox Y Crawford Y Cummings

Y Hudgens Y Hudson, N Y Hudson, S

Y Mueller Y Muntean Y O'Neal

Y Smith, B Y Smith, C Y Smith, C.W

1978
Y Ashe Bannister
Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
Bordeaux Y Borders
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
Coan Y Coleman, B Y Coleman, T
Collins Connell Y Cooper

JOURNAL OF THE HOUSE

Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey
McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley Y Morris Y Mosley

Y Orrock Y Parham Y Parrish
Parsons Y Pelote
Pinholster Poag Y Porter Y Powell Y Purcell Y Ragas Randall Ray Y Reece Reed 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, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Collins of the 29th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Bridges of the 9th 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.

MONDAY, MARCH 18, 2002 The Speaker assumed the Chair.

1979

The following Bill and Resolutions of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

HR 806. By Representatives Smith of the 169th, Ray of the 128th, Hudson of the 156th, Johnson of the 35th, Brooks of the 54th and others:
A RESOLUTION creating the Joint Ethanol Production Study Committee; and for other purposes.

The following Senate amendment was read:

Amend HR 806 by striking on line 18 of page 1 the word "seven" and inserting in lieu thereof the word "five".

By striking on line 8 of page 2 the word "seven" and insert in lieu thereof the word "five".

Representative Smith of the 169th moved that the House agree to the Senate amendment to HR 806.

On the motion, 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 Benfield Y Birdsong
Black Y Boggs
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
Dix Y Dodson E Drenner Y Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse

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
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman Y Turnquest

1980
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
Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

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

On the motion, the ayes were 153, nays 1. The motion prevailed.

Y Twiggs Y Unterman Y Walker, L
Walker, R.L Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

HB 1100. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Channell of the 111th, Walker of the 141st and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for colorectal cancer screening; and for other purposes.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to require health benefit policy coverage for colorectal cancer screening; to provide for 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. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by adding after Code Section 33-24-56.2 a new Code section to read as follows:

MONDAY, MARCH 18, 2002

1981

"33-24-56.3. (a) As used in this Code section, the term:
(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2002, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f) of Code Section 31-5A-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months. (2) 'Insurer' means any person, corporation, or other entity authorized to provide health benefit policies under this title. (b) Every health benefit policy shall provide coverage for colorectal cancer screening, examinations, and laboratory tests in accordance with the most recently published guidelines and recommendations established by the American Cancer Society, in consultation with the American College of Gastroenterology and the American College of Radiology, for the ages, family histories, and frequencies referenced in such guidelines and recommendations and deemed appropriate by the attending physician after conferring with the patient. (c) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given health benefit policy."
SECTION 2. 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 1100.

On the motion, 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 Benfield Y Birdsong
Black Y Boggs
Bordeaux

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner Y Dukes E Ehrhart

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 Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Poag Y Porter Y Powell Y Purcell

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 Stanley

1982
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 Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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

N Joyce Kaye
Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall
Ray Y Reece
Reed 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

On the motion, the ayes were 154, nays 2. The motion prevailed.

Y Stanley-Turner Y Stephens Y Stokes Y Taylor
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 Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

HR 126. By Representative Everett of the 163rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that certain persons who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in this state; and for other purposes.

The following Senate substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that certain persons who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, MARCH 18, 2002

1983

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article II, Section II of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Persons not eligible to hold office. No person who is not a registered voter or; who has been convicted of a felony involving moral turpitude, unless that persons civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude,; who is a defaulter for any federal, state, county, municipal, or school system taxes required of such officeholder or candidate if such person has been finally adjudicated by a court of competent jurisdiction to owe those taxes, but such ineligibility may be removed at any time by full payment thereof, or by making payments to the tax authority pursuant to a payment plan, or under such other conditions as the General Assembly may provide by general law; or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that certain officeholders or candidates who are defaulters for federal, state, or local taxes shall be ineligible to hold any public office in this state?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Everett of the 163rd moved that the House agree to the Senate substitute to HR 126.

On the motion, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe

Y Cox Y Crawford Y Cummings Y Davis

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley

Y Mueller Y Muntean Y O'Neal Y Orrock

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

1984
Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs
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 N Dean Y Deloach, B Y Deloach, G
Dix Y Dodson E Drenner
Dukes E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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

Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce
Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece N Reed 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

On the motion, the ayes were 153, nays 4. The motion prevailed.

Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper Y Tillman N Turnquest Y Twiggs Y Unterman
Walker, L Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

Representative Roberts of the 162nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Due to a machine malfunction, Representative Reed of the 52nd was recorded as voting "nay".

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

MONDAY, MARCH 18, 2002

1985

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 381. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide an effective date; 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 498. By Representatives Murphy of the 18th, Heard of the 89th, McBee of the 88th and Epps of the 131st:
A BILL to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to authorize a county board of health to contract with the Department of Human Resources; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to abolish the regional mental health, mental retardation, and substance abuse boards and planning units and to transfer functions and duties to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Stokes of the 43rd, Walker of the 22nd, and Johnson of the 1st.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 382. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the

1986

JOURNAL OF THE HOUSE
authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1200 Do Pass, by Substitute HB 1590 Do Pass HB 1617 Do Pass

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Bordeaux of the 151st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 917 Do Pass, by Substitute HB 1172 Do Pass, by Substitute HB 1514 Do Pass

Respectfully submitted,

MONDAY, MARCH 18, 2002
/s/ Bordeaux of the 151st Chairman

1987

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1616 Do Pass HB 1652 Do Pass, by Substitute HR 567 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1054 Do Pass, by Substitute SB 168 Do Pass, by Substitute SR 497 Do Pass

Respectfully submitted, /s/ Snow of the 2nd
Chairman The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

1988

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Tuesday, March 19, 2002

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Ashe Barnard Bell Benfield Boggs Bridges Brooks Broome Brown Buckner Bulloch Bunn Burmeister Callaway Coleman, B Collins Connell Cooper Cox Crawford Cummings

Deloach, B Deloach, G E Dix Dodson E Drenner Dukes E Ehrhart Epps Everett Forster Franklin Gardner Grasse Graves Greene Hammontree Hanner Harbin Heard Hembree Hines

Holland Howard Hudgens Hudson, N Hudson, S Hugley Jackson, B Jackson, L James Jennings Johnson Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lunsford Mangham

Manning McBee Millar Mills Mosley Muntean O'Neal Parsons Pelote Pinholster Reece Rice Richardson Roberts, D Roberts, L Rogers Royal Sanders Scott Seay Shanahan

Shaw Sholar Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Snelling Stallings Stephens Taylor Teper Unterman Watson West Wiles Wilkinson Williams, R 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, Black of the 178th, Borders of the 177th, Buck of the 135th, Burkhalter of the 41st, Byrd of the 170th, Cash of the 108th, Channell of the 111th, Coleman of the 142nd, Day of the 153rd, Dean of the 48th, Floyd of the 138th, Golick of the 30th, Harrell of the 62nd, Heckstall of the 55th, Henson of the 65th, Houston of the 166th, Irvin of the 45th, Jamieson of the 22nd, Jenkins of the 110th, Jordan of the 96th, Maddox of the 72nd, Massey of the 86th, McCall of the 90th, McClinton of the 68th, McKinney of the 51st, Morris of the 155th, Poag of the 6th, Porter of the 143rd, Powell of the 23rd, Purcell of the 147th, Ragas of the 64th, Randall of the 127th, Ray of the 128th, Reed of the 52nd, Reichert of the 126th, Sailor of the 71st, Scheid of the 17th, Sinkfield of the 57th, Skipper

TUESDAY, MARCH 19, 2002

1989

of the 137th, Smyre of the 136th, Snow of the 2nd, Squires of the 78th, Stanley of the 49th, Stanley of the 50th, Stokes of the 92nd, Teague of the 58th, Twiggs of the 8th, Walker of the 141st, Walker of the 87th, Willard of the 44th, Williams of the 83rd, and Wix of the 33rd.
They wish to be recorded as present.

Prayer was offered by Dr. Sharon Adams Croom, Pastor, M. L. Harris United Methodist Church, Columbus, 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:

1990

JOURNAL OF THE HOUSE

HB 1727. By Representative Hudgens of the 24th:
A BILL to provide a new charter for the City of Comer; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1728. By Representative Smith of the 12th:
A BILL to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications of the House of Representatives, so as to change the composition of certain state representative districts; and for other purposes.

Referred to the Committee on Legislative and Congressional Reapportionment.

HB 1729. By Representatives Mills of the 21st and Smith of the 19th:
A BILL to amend an Act creating the board of commissioners of Hall County, so as to reapportion the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1730. By Representatives Mills of the 21st and Smith of the 19th:
A BILL to amend an Act providing for districts for the election of the Board of Education of Hall County, so as to change provisions relating to education districts for the board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1731. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th and Day of the 153rd:

TUESDAY, MARCH 19, 2002

1991

A BILL to provide a homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who are disabled; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1732. By Representatives Broome of the 160th and Sholar of the 179th:
A BILL to amend an Act providing for the composition of the Board of Education of Decatur County, so as to reapportion the Board of Education of Decatur County; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1733. By Representative Smith of the 102nd:
A BILL to provide for the filling of vacancies in the office of sheriff of Harris County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1734. By Representatives Broome of the 160th and Sholar of the 179th:
A BILL to amend an Act creating the State Court of Decatur County, so as to change the compensation to be paid to the judge and the solicitor of such court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1735. By Representatives Jackson of the 112th and Harbin of the 113th:
A BILL to provide a homestead exemption from Columbia County School District ad valorem taxes for educational purposes in the amount of the total

1992

JOURNAL OF THE HOUSE
assessed value of the homestead after a five-year phase-in period for certain residents of that school district who are 70 years of age or over; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1736. By Representatives Parsons of the 40th, Johnson of the 35th, Wiles of the 34th, Hines of the 38th, Franklin of the 39th 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 1737. By Representative James of the 140th:
A BILL to amend an Act providing for the board of education for the Macon County School District, so as to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1738. By Representative James of the 140th:
A BILL to amend an Act creating a board of commissioners for Macon County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1739. By Representative Bunn of the 74th:
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'

TUESDAY, MARCH 19, 2002

1993

licenses, so as to change certain provisions relating to license requirement, surrender of prior licenses, and prohibition of local licenses; to provide for renewal of drivers' licenses upon applications submitted by means other than personal appearance before the Department of Motor Vehicle Safety; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1740. By Representative Bunn of the 74th:
A BILL to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to registration and license requirements, extension of registration period, and penalties; to change certain provisions relating to five-year and annual license plates, design, and revalidation and county decals; to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change certain provisions relating to returns for taxation and application for and issuance of license plates upon payment of taxes due; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1741. By Representatives Rogers of the 20th and Bell of the 25th:
A BILL to amend an Act creating a new charter for the City of Gainesville, relating to the creation of the City of Gainesville School District, so as to change the compensation of the members of such board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1742. By Representative Rogers of the 20th:
A BILL to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to substantially revise the laws relating to professional engineers and land

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JOURNAL OF THE HOUSE
surveyors and the State Board of Registration for Professional Engineers and Land Surveyors; to provide for the creation of two divisions on the board; and for other purposes.

Referred to the Committee on Industry.

HB 1743. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act creating the Classic Center Authority for Clarke County, so as to provide for additional purposes of the authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1744. By Representative Keen of the 174th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change certain provisions regarding the exemption of certain food and beverage sales; to remove certain limitation preventing the application of such exemption with respect to certain local sales and use taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1745. By Representative Hanner of the 159th:
A BILL to provide a new charter for the City of Ellaville; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 19, 2002

1995

HB 1746. By Representative Hanner of the 159th:
A BILL to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1747. By Representative Hanner of the 159th:
A BILL to amend an Act providing for the election of the Board of Commissioners of Schley County, so as to change the description of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1748. By Representative Hanner of the 159th:
A BILL to amend an Act entitled "An Act to stagger the terms of office of members of the Board of Education of Schley County," so as to provide 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 1749. By Representative Houston of the 166th:
A BILL to amend an Act creating the board of commissioners of roads and revenues of Berrien County, so as to change the number of commissioners; to change the composition of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1750. By Representative Hanner of the 159th:
A BILL to amend an Act providing for the board of education for the Schley County School District, so as to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1751. By Representatives Orrock of the 56th, Brooks of the 54th, Henson of the 65th, Gardner of the 47th and Childers of the 13th:
A BILL to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for preapproval of certain medical treatment or testing upon failure of an employer or its insurer to respond to a request for advance authorization within a specified period; to provide for notice to the State Board of Workers' Compensation of denial of recommended medical treatment or testing; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1752. By Representative Hanner of the 159th:
A BILL to amend an Act reconstituting the board of education of Webster County, so as to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1753. By Representatives Wiles of the 34th, Hines of the 38th, Manning of the 32nd, Wix of the 33rd, Ehrhart of the 36th and others:
A BILL to authorize the City of Kennesaw to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

TUESDAY, MARCH 19, 2002

1997

Referred to the Committee on State Planning & Community Affairs - Local.
HB 1754. By Representative Hanner of the 159th: A BILL to reconstitute the Board of Education of Marion County and provide for its powers, duties, rights, obligations, and liabilities; to continue in office current members of such board; to provide for new education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1755. By Representatives Walker of the 87th, Unterman of the 84th and Smith of the 91st: A BILL to provide a homestead exemption from City of Social Circle independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who are 65 years of age or over; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1756. By Representative Hanner of the 159th: A BILL to amend an Act creating the board of commissioners of Webster County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1757. By Representatives Walker of the 87th and Unterman of the 84th: A BILL to provide a homestead exemption from Walton County school district ad valorem taxes for educational purposes for the full value of the

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homestead for certain residents of that school district who are 65 years of age or over; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1758. By Representatives Golick of the 30th, Collins of the 29th, Wix of the 33rd and Johnson of the 35th:
A BILL to authorize the City of Smyrna to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1759. 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 1760. 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; to make conforming amendments to the charter; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 19, 2002

1999

HR 1382. By Representative Bunn of the 74th: A RESOLUTION creating the House Study Committee on Fair Vehicle Taxation; and for other purposes.
Referred to the Committee on Rules.
HR 1383. By Representatives Jennings of the 63rd, Callaway of the 81st, Irvin of the 45th and Williams of the 83rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for apportionment of the House of Representatives on the basis of single-member districts; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.
HR 1412. By Representative Keen of the 174th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1413. By Representatives Coleman of the 80th, Jamieson of the 22nd, Murphy of the 18th, Coleman of the 142nd, Harbin of the 113th and others: A RESOLUTION creating the House Paraprofessionals Study Committee; and for other purposes.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE

HR 1414. By Representatives Snelling of the 99th and Murphy of the 18th:
A RESOLUTION expressing support for a new proposed school prayer amendment to the Constitution of the United States; 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 1708 HB 1709 HB 1710 HB 1711 HB 1712 HB 1713 HB 1714 HB 1715 HB 1716 HB 1717 HB 1718 HB 1719 HB 1720 HB 1721 HB 1722

HB 1723 HB 1724 HB 1725 HB 1726 HR 1372 HR 1373 HR 1374 SB 320 SB 449 SB 455 SB 474 SB 476 SB 478 SR 668

Pursuant to Rule 52, Representative Manning of the 32nd moved that the following Bill of the House be engrossed:

HB 1718. By Representatives Manning of the 32nd and Reece of the 11th:
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 member of a medical facility in specified circumstances shall not be prosecuted for specified crimes because of such act; and for other purposes.

TUESDAY, MARCH 19, 2002

2001

The motion prevailed.

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the House be engrossed:

HB 1724. By Representatives Epps of the 131st and Skipper of the 137th:
A BILL to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the determination of location of a retail package store licensed by municipal or county governing authorities, so as to authorize local governing authorities to waive a certain restriction under certain conditions; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Smith of the 12th moved that the following Bill of the House be engrossed:

HB 1725. By Representatives Smith of the 12th, Hammontree of the 4th, Dodson of the 94th and Shaw of the 176th:

A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change the provisions relating to benefit experience and variations from the standard rate; to provide for suspension of the tax surcharge from January 1 through December 31, 2003; to change the weekly benefit amount; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard N Barnes N Bell

Y Cox N Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G

Y Hudgens N Hudson, N N Hudson, S
Hugley Y Irvin Y Jackson, B Y Jackson, L N James

Y Mueller Y Muntean Y O'Neal N Orrock N Parham
Parrish Y Parsons N Pelote

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre

2002
N Benfield N Birdsong N Black
Boggs Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Cash Channell Childers Y Coan Y Coleman, B Coleman, T Y Collins Y Connell Y Cooper

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E Dix Dodson
E Drenner N Dukes Y Ehrhart
Epps Y Everett
Floyd Y Forster Y Franklin N Gardner
Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Heckstall Y Hembree N Henson Y Hines N Holland Holmes Houston Y Howard

Jamieson Jenkins Jennings Y Johnson Jordan N Joyce Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Lord Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Massey N McBee McCall N McClinton McKinney Y Millar Y Mills N Mobley Y Morris N Mosley

Y Pinholster Poag Porter Powell
N Purcell N Ragas
Randall Ray Y Reece Reed Y Reichert Y Rice Richardson Y Roberts, D N Roberts, L Y Rogers N Royal Sailor N Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw Y Sholar Y Sims Sinkfield Skipper

On the motion the ayes were 84, nays 40. The motion was lost.

Y Snelling Snow Squires Stallings
N Stanley N Stanley-Turner Y Stephens Y Stokes N Taylor
Teague N Teper N Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L
Watson West Y Westmoreland Y Wiles Y Wilkinson Willard Williams, J Y Williams, R Wix N Yates Murphy, Speaker

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.

Pursuant to Rule 52, Representative Bulloch of the 180th moved that the following Resolution of the House be engrossed:

HR 1373. By Representative Bulloch of the 180th:
A RESOLUTION commending Henry P. Russell, Jr., and designating the Henry P. Russell, Jr., Parkway; and for other purposes.

The motion prevailed.

TUESDAY, MARCH 19, 2002

2003

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense and Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1374 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
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 House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 828 Do Pass, by Substitute SB 378 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman
Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

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Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1634 Do Pass, by Substitute

Respectfully submitted, /s/ Hudson of the 156th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1584 Do Pass SB 100 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 27th
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
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 946 Do Pass HR 1039 Do Pass HR 1324 Do Pass

TUESDAY, MARCH 19, 2002

2005

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1168 Do Pass HB 1279 Do Pass, by Substitute HB 1556 Do Pass, by Substitute

HB 1585 Do Pass, by Substitute HB 1656 Do Pass, by Substitute HB 1657 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1232 Do Pass, by Substitute HB 1301 Do Pass HB 1544 Do Pass HB 1577 Do Pass, by Substitute HB 1578 Do Pass, by Substitute HB 1579 Do Pass, by Substitute HB 1671 Do Pass HB 1672 Do Pass

HB 1689 Do Pass HB 1690 Do Pass HB 1691 Do Pass HB 1692 Do Pass HB 1694 Do Pass HB 1696 Do Pass HB 1697 Do Pass HB 1701 Do Pass

2006
HB 1675 Do Pass HB 1676 Do Pass HB 1679 Do Pass HB 1680 Do Pass HB 1681 Do Pass HB 1682 Do Pass HB 1683 Do Pass HB 1684 Do Pass HB 1685 Do Pass HB 1686 Do Pass HB 1687 Do Pass HB 1688 Do Pass

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HB 1705 Do Pass SB 403 Do Pass, by Substitute SB 404 Do Pass, by Substitute SB 434 Do Pass SB 443 Do Pass SB 448 Do Pass SB 479 Do Pass SB 492 Do Pass SB 493 Do Pass SB 494 Do Pass SB 513 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 19, 2002

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 1074 HR 1105 HR 1215 HR 1308

Joint Local Assistance Road Program Study Committee; create Joint Construction Codes Study Committee; create Veterans Parkway; designate House Tourism and Sports Marketing Study Committee; create

DEBATE CALENDAR

HB 885 HB 1002 HB 1040

Interstate Compact for Adult Offender Supervision; enact General appropriations; FY 2002-2003 Liens; cost of care; traumatic burn care medical practice

TUESDAY, MARCH 19, 2002

2007

HB 1083 HB 1182 HB 1206 HB 1306
HB 1350 HB 1433
HB 1568 HB 1667

Athletic trainers; license qualifications Structural pest control; preconstruction termite treatments; regulate Aggravated stalking; violation of good behavior order Public officers and employees; executive branch; exception to certain prohibition Community Health, Department of; grants to rural hospitals Sunday sales; beer and wine by the drink; certain counties and municipalities; referendum Natural Gas Consumers' Relief Act; enact Senatorial districts; reapportion

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 448. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to change and expand the corporate limits of the City of Savannah; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

By unanimous consent, SB 448 was recommitted to the Committee on State Planning & Community Affairs - Local.

HB 1680. By Representative Parrish of the 144th:
A BILL to provide that members of the Board of Education of Johnson County shall be elected in nonpartisan elections; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 142, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1232. By Representatives Holmes of the 53rd and Brooks of the 54th:
A BILL to amend an Act creating the Board of Commissioners of Fulton County, so as to revise the commissioner districts for the election of members of the board of commissioners; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to revise the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), is amended by striking Section 2 of the Act and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. (a) The Board of Commissioners of Fulton County which existed on December 31, 2001, is continued in existence but on and after January 1, 2003, shall be constituted as provided in this Act. The Board of Commissioners of Fulton County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2003.

TUESDAY, MARCH 19, 2002

2009

(b) Those members of the Board of Commissioners of Fulton County who are serving as such on December 31, 2001, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2003, the Board of Commissioners of Fulton County shall consist of seven members. For the purpose of electing the members of the board of commissioners, there shall be seven commissioner districts to be designated Commission Districts 1 through 7, and one commissioner shall be elected from each of said districts. The commissioners from Districts 1 and 2 shall be elected at-large from the entire County of Fulton. The commissioners from Districts 3 through 7 shall be elected from districts which shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan Name: FULCCWK5-6 Plan Type: LOCAL User: Linda Administrator: CNTYFULTON'. (c) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Fulton County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Fulton County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (d) All members of the board of commissioners shall be qualified electors of Fulton County and shall be at least 21 years of age as of the date of taking office. All of said members shall have been residents of their respective districts for at least one year as of the date of their taking office. The commissioner from Commissioner District 1 shall be the chairperson of the board of commissioners and shall be elected by the qualified voters of the entire County of Fulton voting at the elections provided for in this Act. The commissioner from Commissioner District 2 shall be elected by the qualified voters of the entire County of Fulton voting at the elections provided for in this Act. The members from Commissioner Districts 3 through 7 shall be residents of their respective commissioner districts and shall be elected by the qualified electors voting within the members respective commissioner district at the elections provided for in

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this Act. Any person offering as a candidate for commissioner shall designate the commission district for which he or she is offering. All members of said board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (e) The first members of the reconstituted Board of Commissioners of Fulton County shall be elected at the general election on the Tuesday next following the first Monday in November 2002. The members of the board elected thereto in 2002 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the statewide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified."
SECTION 2. It shall be the duty of the attorney of the Board of Commissioners of Fulton County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Fulton County in 2002 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2003.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 003 Fulton County
Tract: 114.03 Tract: 114.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 BG: 3 BG: 6 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6021 6022 6023 6024

TUESDAY, MARCH 19, 2002
Tract: 114.07 BG: 1 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4998 4999 BG: 5 5000 5001 5002 5003 5004 5005 5006 5013 BG: 7 Tract: 114.12 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3999 BG: 6 Tract: 114.13 Tract: 114.14 BG: 2 BG: 3 3007 3008 Tract: 114.15 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 Tract: 116.07 Tract: 116.08 Tract: 116.09
District 004 Fulton County
Tract: 1 BG: 1 1000 1001 1002 1003 1004 1005 1006 1013 1014 Tract: 100 Tract: 101.01 Tract: 101.06 Tract: 101.07 Tract: 101.08 Tract: 101.09 Tract: 101.10

2011

2012

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Tract: 101.11 Tract: 101.12 Tract: 102.04 Tract: 102.05 Tract: 102.06 Tract: 102.07 Tract: 102.08 Tract: 102.09 Tract: 102.10 Tract: 114.04 BG: 2 2018 2019 BG: 6 6020 Tract: 114.05 Tract: 114.06 Tract: 114.07 BG: 4 4015 4016 4017 BG: 5 5007 5008 5009 5010 5011 5012 Tract: 114.10 Tract: 114.11 Tract: 114.12 BG: 3 3017 3018 3019 3020 Tract: 114.14 BG: 3 3000 3001 3002 3003 3004 3005 3006 3009 3010 Tract: 2 BG: 1 1004 1005 1006 1007 1008 1009 Tract: 92 Tract: 94.01 Tract: 94.02 Tract: 95 BG: 1 BG: 2 Tract: 96 Tract: 97 BG: 1 1000 1001 1002 1004 1005 1008 1999 Tract: 98

Tract: 99

TUESDAY, MARCH 19, 2002

District 005 Fulton County
Tract: 10 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2022 2023 2024 2025 2026 BG: 3 3008 3009 3010 BG: 4 4000 4001 4002 BG: 5 5000 5001 Tract: 112.01 BG: 4 4002 4003 Tract: 23 BG: 4 4017 4018 4019 4020 4022 4023 BG: 6 Tract: 24 BG: 1 1009 BG: 4 Tract: 39 Tract: 40 Tract: 41 Tract: 6 Tract: 60 Tract: 61 Tract: 66.02 Tract: 7 Tract: 76.01 BG: 1 BG: 2 2000 2001 BG: 9 9000 Tract: 76.02 BG: 1 BG: 2

2013

2014

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BG: 3 3000 3001 3002 3003 3004 3005 3007 Tract: 77.01 BG: 1 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 Tract: 78.02 BG: 1 1000 Tract: 78.05 Tract: 78.06 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 80 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 Tract: 86.01 Tract: 86.02 Tract: 87.01 Tract: 87.02 Tract: 88 Tract: 89.01 Tract: 89.02 Tract: 90 Tract: 91 Tract: 93 Tract: 95 BG: 3 BG: 4 Tract: 97 BG: 1 1003 1006 1007 1009 1010 BG: 2 BG: 3

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District 006 Fulton County
Tract: 1 BG: 1 1007 1008 1009 1010 1011 1012 1015 1016 1017 1018 1019 1020 1021 BG: 3 BG: 4 BG: 5 Tract: 10 BG: 2 2000 2001 2002 2014 2015 2016 2017 2018 2019 2020 2021 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 3012 3013 3014 3015 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 BG: 5 5002 5003 5004 5005 5006 Tract: 11 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 17 Tract: 18 Tract: 19 Tract: 2 BG: 1 1000 1001 1002 1003 1010 1011 1012 BG: 2 BG: 3 BG: 4 BG: 5 Tract: 21 Tract: 22 Tract: 23 BG: 1 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011

2015

2016

JOURNAL OF THE HOUSE

4012 4013 4014 4015 4016 4021 Tract: 24 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 36 Tract: 37 Tract: 38 Tract: 4 Tract: 42 Tract: 43 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 62 Tract: 63 Tract: 64 Tract: 65 Tract: 66.01 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69

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Tract: 70.01 Tract: 70.02 Tract: 71 Tract: 72 Tract: 73 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 BG: 3 Tract: 74 BG: 1 BG: 2 2000 2001 2002 2004 2005 2010 Tract: 75 BG: 1 BG: 2 2000 2001 2002 2003 2006 2007 2008 2009 2010 2013 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 BG: 5 5000 5001 5002 5003 5004 5006 5007 Tract: 76.01 BG: 9 9001 Tract: 8
District 007 Fulton County
Tract: 103.01 Tract: 103.03 Tract: 103.04 Tract: 104 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 105.12 Tract: 105.13 Tract: 105.14 Tract: 106.01

2017

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JOURNAL OF THE HOUSE

Tract: 106.03 Tract: 106.04 Tract: 107 Tract: 108 Tract: 109 Tract: 110 Tract: 111 Tract: 112.01 BG: 1 BG: 2 BG: 4 4000 4001 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 Tract: 112.02 Tract: 113.01 Tract: 113.03 Tract: 113.04 Tract: 73 BG: 2 2017 Tract: 74 BG: 2 2003 2006 2007 2008 2009 Tract: 75 BG: 2 2004 2005 2011 2012 BG: 3 3012 BG: 5 5005 Tract: 76.01 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 Tract: 76.02 BG: 3 3006 3008 Tract: 77.01 BG: 2 BG: 3 BG: 4 BG: 5 5009 5010 5011 5012

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Tract: 77.02 Tract: 78.02 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 BG: 2 BG: 3

2019

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

HB 1301. By Representatives Mueller of the 152nd, Stephens of the 150th and Day of the 153rd:
A BILL to amend an Act relating to the school system of the City of Savannah and Chatham County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1544. By Representatives Unterman of the 84th and Walker of the 87th:
A BILL to provide for a homestead exemption from certain Walton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1577. By Representatives Powell of the 23rd and Jamieson of the 22nd: A BILL to amend an Act entitled "An Act to abolish the present mode of

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JOURNAL OF THE HOUSE
compensating the judge of the Probate Court of Franklin County," so as to change the method of computing such officer's salary; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to abolish the present mode of compensating the judge of the Probate Court of Franklin County," approved March 26, 1980 (Ga. L. 1980, p. 4173), so as to change the method of computing such officers salary; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to abolish the present mode of compensating the judge of the Probate Court of Franklin County," approved March 26, 1980 (Ga. L. 1980, p. 4173), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following:
"SECTION 2. (a) The judge of the Probate Court of Franklin County shall be compensated as provided in this section. (b) The person who was in office as such official on February 1, 2002, shall receive as a base salary the total amount which was being received by such official on February 1, 2002, from county funds. If state employees are granted a cost-of-living increase by general Act of the General Assembly, the total compensation then being received by such official shall be increased effective on the same date and in the same percentage or amount as any such cost-of-living increase granted to state employees by such general Act. At the end of each complete four-year term of office served by such official which is completed after February 1, 2002, the total compensation then being received by such official shall be increased by 5 percent. If the base minimum salary amount provided by general law for a judge of the probate court of a county having the same population as Franklin County is increased on or after May 1, 2002, the total compensation then being received by the judge of the Probate Court of Franklin County shall be increased in the same amount and on the same effective date as the change in such base minimum salary contained in subsection (a) of such Code section. This subsection shall be applicable only to the individual in office as such official on February 1, 2002. The Board of Commissioners of Franklin County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners.

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2021

(c) Any person elected or appointed to such office, other than the individual holding such office on February 1, 2002, shall be compensated in the amount established as minimum compensation for such office by the general laws of this state. The Board of Commissioners of Franklin County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (d) All such compensation shall be paid in equal monthly installments from the funds of Franklin County."
SECTION 2. This Act shall become effective on January 1, 2003.
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 1578. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the clerk of the Superior Court of Franklin County," so as to change the method of computing such officer's salary; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to abolish the present mode of compensating the clerk of the Superior Court of Franklin County," approved March 26, 1980 (Ga. L. 1980, p. 4169), so as to change the method of computing such officers salary; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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An Act entitled "An Act to abolish the present mode of compensating the clerk of the Superior Court of Franklin County," approved March 26, 1980 (Ga. L. 1980, p. 4169), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following:
"SECTION 2. (a) The clerk of the Superior Court of Franklin County shall be compensated as provided in this section. (b) The person who was in office as such official on February 1, 2002, shall receive as a base salary the total amount which was being received by such official on February 1, 2002, from county funds. If state employees are granted a cost-of-living increase by general Act of the General Assembly, the total compensation then being received by such official shall be increased effective on the same date and in the same percentage or amount as any such cost-of-living increase granted to state employees by such general Act. At the end of each complete four-year term of office served by such official which is completed after February 1, 2002, the total compensation then being received by such official shall be increased by 5 percent. If the base minimum salary amount contained in subsection (a) of Code Section 15-6-88 of the O.C.G.A. for a clerk of the superior court of a county having the same population as Franklin County is increased on or after May 1, 2002, the total compensation then being received by the clerk of the Superior Court of Franklin County shall be increased in the same amount and on the same effective date as the change in such base minimum salary contained in subsection (a) of such Code section. This subsection shall be applicable only to the individual in office as such official on February 1, 2002. The Board of Commissioners of Franklin County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (c) Any person elected or appointed to such office, other than the individual holding such office on February 1, 2002, shall be compensated in the amount established as minimum compensation for such office by the general laws of this state. The Board of Commissioners of Franklin County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (d) All such compensation shall be paid in equal monthly installments from the funds of Franklin County."
SECTION 2. This Act shall become effective on January 1, 2003.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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2023

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

HB 1579. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to amend an Act entitled "An Act to abolish the present mode of compensating the tax commissioner of Franklin County," so as to change the method of computing such officer's salary; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to abolish the present mode of compensating the tax commissioner of Franklin County," approved March 26, 1980 (Ga. L. 1980, p. 4180), so as to change the method of computing such officers salary; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to abolish the present mode of compensating the tax commissioner of Franklin County," approved March 26, 1980 (Ga. L. 1980, p. 4180), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following:
"SECTION 2. (a) The tax commissioner of Franklin County shall be compensated as provided in this section. (b) The person who was in office as such official on February 1, 2002, shall receive as a base salary the total amount which was being received by such official on February 1, 2002, from county funds. If state employees are granted a cost-of-living increase by general Act of the General Assembly, the total compensation then being received by such official shall be increased effective on the same date and in the same percentage or amount as any such cost-of-living increase granted to state employees by such general Act. At the end of each complete four-year term of office served by such official which is completed after February 1, 2002, the total compensation then being received by such official shall be increased by 5 percent. If the base minimum salary amount provided by general law for a tax commissioner of a county having the same population as Franklin County is increased on or after May 1, 2002, the total compensation then being received by the tax commissioner of Franklin County shall be increased in the same

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amount and on the same effective date as the change in such base minimum salary contained in subsection (a) of such Code section. This subsection shall be applicable only to the individual in office as such official on February 1, 2002. The Board of Commissioners of Franklin County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (c) Any person elected or appointed to such office, other than the individual holding such office on February 1, 2002, shall be compensated in the amount established as minimum compensation for such office by the general laws of this state. The Board of Commissioners of Franklin County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (d) All such compensation shall be paid in equal monthly installments from the funds of Franklin County."
SECTION 2. This Act shall become effective on January 1, 2003.
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 1671. By Representatives Knox of the 28th and Muntean of the 85th:
A BILL to amend an Act providing for the Forsyth County Board of Education, so as to revise the districts for the election 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.

HB 1672. By Representatives Knox of the 28th and Muntean of the 85th:
A BILL to amend an Act to create the State Court of Forsyth County, so as to create an additional judge for such court; and for other purposes.

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2025

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1675. By Representatives Williams of the 5th and Hammontree of the 4th:
A BILL to amend an Act creating the board of commissioners of Whitfield County, so as to change the description of the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1676. By Representative Sims of the 167th:
A BILL to amend an Act creating a board of education of Coffee County, so as to change the compensation of the 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.

HB 1679. By Representatives Jamieson of the 22nd and Bridges of the 9th:
A BILL to provide a homestead exemption from City of Baldwin ad valorem taxes for municipal purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that city who are less than 65 years of age and a homestead exemption from City of Baldwin ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over or disabled; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1681. By Representative Parrish of the 144th:
A BILL to amend an Act creating the Board of Commissioners of Emanuel County, so as to change the description of the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1682. By Representative Hudson of the 156th:
A BILL to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1683. By Representatives Ray of the 128th and James of the 140th:
A BILL to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," so as to provide for membership of such board of commissioners; to provide for the election and terms of office of members; to provide for the description of the districts from which members of such board are elected; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1684. By Representatives Ray of the 128th and James of the 140th:
A BILL to amend an Act entitled "An Act Providing for the Board of Education of Peach County," so as to provide for membership of such board; to provide for the election and terms of office of members; to provide for the description of the districts from which members of such board are elected; and for other purposes.

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2027

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1685. By Representative Ray of the 128th: A BILL to amend an Act reconstituting the Board of Education of Crawford County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1686. By Representative Broome of the 160th: A BILL to amend an Act creating the Board of Commissioners of Early County, so as to reapportion the commissioner districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1687. By Representative Broome of the 160th: A BILL to amend an Act reconstituting the Board of Education of Early County, so as to redistrict the Board of Education of Early County; to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1688. By Representatives Connell of the 115th, Anderson of the 116th, Allen of the 117th and Howard of the 118th: A BILL to amend an Act regulating public instruction for the County of Richmond, so as to reapportion the districts for election of members of the

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JOURNAL OF THE HOUSE
board of education; to provide for elections pursuant to such reapportionment of districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1689. By Representatives Connell of the 115th, Anderson of the 116th, Allen of the 117th and Howard of the 118th:
A BILL to amend an Act providing for the consolidation of Richmond County and the City of Augusta, so as to reapportion the districts for election of members of the Augusta-Richmond County Commission; to provide for elections pursuant to such reapportionment of districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1690. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of such city by annexing certain territory in Colquitt County into such city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1691. By Representative Lanier of the 145th:
A BILL to amend an Act creating a new board of education of Jenkins County, so as to revise the districts for the election of members of the board of education; and for other purpose.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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2029

HB 1692. By Representative Lanier of the 145th:
A BILL to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1694. By Representatives Walker of the 141st, Floyd of the 138th, O'Neal of the 139th and Ray of the 128th:
A BILL to amend an Act reconstituting the Board of Education of Houston County, so as to redistrict the Board of Education of Houston County; to change the description of the education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1696. By Representatives Knox of the 28th and Muntean of the 85th:
A BILL to amend an Act creating a board of commissioners of Forsyth County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1697. By Representatives Hudson of the 156th, Holland of the 157th and Scott of the 165th:
A BILL to amend an Act creating the Board of Commissioners of Tift County, so as to change the composition of commissioner districts from which members of the board are elected; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1701. By Representative Coleman of the 142nd:
A BILL to provide a new charter for the City of Eastman; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1705. By Representative Hudson of the 120th:
A BILL to amend an Act reconstituting the Board of Education of Warren County, so as to revise the districts for the election 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.
SB 403. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

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2031

A BILL
To amend an Act relating to the Board of Education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for vacancies; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act relating to the Board of Education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, is amended by striking Section 1 and inserting in its place the following:
"SECTION 1. (a) The Board of Education of the Carroll County School District which existed on June 30, 2002, is continued in existence but on and after July 1, 2003, shall be constituted as provided in this Act. The Board of Education of the Carroll County School District so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to July 1, 2003. (b) Those members of the Board of Education of the Carroll County School District who are serving as such on June 30, 2002, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after July 1, 2003, the Board of Education of the Carroll County School District shall consist of six members all of whom shall be elected from education districts described in subsection (c) of this section. (c) For purposes of electing members of the board of education, the Carroll County School District is divided into six education districts. One member of the board shall be elected from each such district. The six education districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: carrollsbp5 Plan Type: LOCAL User: PaulH Administrator: Carroll SB. (d) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia.

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The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the Carroll County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the Carroll County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (e) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Sections 45-2-1 and 20-2-51 of the O.C.G.A. or any other general law applicable to that office. (f) In order to be elected as a member of the board from an education district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that persons term of office or that office shall become vacant. (g) The first members of the reconstituted Board of Education of the Carroll County School District from Education Districts 2, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2002. Those members of the board elected thereto from Education Districts 2, 3, and 5 in 2002 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification of their respective successors. The first members of such reconstituted board from Education Districts 1, 4, and 6 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. Those members of the board elected thereto from Education Districts 1, 4, and 6 in 2004 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2008, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office

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of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (h) Education Districts 1, 2, 3, 4, 5, and 6 as they exist on June 30, 2002, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act, and on and after July 1, 2002, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. (i) All members of the board who are elected thereto shall be nominated and elected in nonpartisan elections as provided in Code Section 21-2-139 of the O.C.G.A. (j) Any vacancy in office upon the board which occurs for any reason shall be filled pursuant to Code Section 20-2-54.1 of the O.C.G.A."
SECTION 2. It shall be the duty of the attorney of the Board of Education of the Carroll County School District to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. This Act shall become effective on July 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
District 001 Carroll County
Tract: 9901.01 Tract: 9901.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3038 3997 3998 3999 BG: 4

District 002 Carroll County
Tract: 9901.02 BG: 3 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3041 3042 3043 3044

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Tract: 9902 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1020 1050 Tract: 9907.01 BG: 2 2000 2001 2002 2003 Tract: 9907.02 BG: 2 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 9907.03 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2998 2999

District 003 Carroll County
Tract: 9903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1103 1104 1105 BG: 2 BG: 3 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1999 BG: 3 3002 3006 3007 3009 3010 3011 3014 3015 3016 3017 3018 3020 3021 3022 3023 3024 3025 3026 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3999 Tract: 9905.01 BG: 1 1000 1002 1003 1004 1007 1008 1009 1018 1019 1027 1028 1029

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1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1043 1047 1048 1049 1050 1051 1058 1065 1067 1068 1069 1070 1071 1073 1074 1078 1083 1084 1085 1088 1089 1090 1091 BG: 2 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 BG: 1 1004 BG: 2 2005 2006 Tract: 9906 BG: 1 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1035 1040 1042 1044 1046 1047 1048 1049 1051 1999 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2015 2016 2017 2018 2019 Tract: 9912 BG: 1 1000 1001 1002 1003 1004 1029
District 004 Carroll County
Tract: 9904 BG: 1 1006 1007 1018 1019 1020 1021 1022 1023 1024 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 BG: 2 BG: 3 3019 3027 Tract: 9908 BG: 2 2050 2051 2052 2053 2054 2055 2995 Tract: 9909 BG: 1 BG: 2 2000 2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059

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Tract: 9910 BG: 3 3038 3043 3044 3045 Tract: 9912 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1030 1031 1032 1033 1034 1035 BG: 2 BG: 3 BG: 4

District 005 Carroll County
Tract: 9905.01 BG: 2 2016 2017 BG: 3 3002 3003 3005 3006 3007 3008 3009 3012 Tract: 9907.01 BG: 1 1033 1034 1035 1036 1039 1040 1041 1042 1043 1044 1045 1046 1047 Tract: 9908 BG: 1 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1057 1058 1059 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2996 2997 2998 Tract: 9909 BG: 2 2002 Tract: 9910 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2011 2016 2017 2026

TUESDAY, MARCH 19, 2002
2030 2031 2032 2033 2036 2037 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2997 2998 BG: 3 3007 3008 3011 3012 3013 3015 3016 3017 3018 3019 3022 3023 3024 3025 3027 3028 3030 3032 3033 3034 3035 3036 3037 3039 3040 3041 3042 Tract: 9911 BG: 2 2030 2031 2033 2035 2036 2037 2042 2044 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2999 BG: 3 3012 3013 3014 3016 3017 3019 BG: 4 BG: 5
District 006 Carroll County
Tract: 9906 BG: 1 1052 BG: 2 2000 Tract: 9907.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1023 1024 1026 1028 1032 1037 1038 1997 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2999 BG: 3 3000 3001 3002 3009 3010 3011 3012 3016 3017 3018 3019 3020 3025 3026 3027 3028 3029 3997 3999 Tract: 9907.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2031 2032 2033 2034 2999 Tract: 9907.03

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BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1017 1018 BG: 2 2015 2016 2017 2018 2019 2020 2027 2028 2029 2997 Tract: 9908 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1042 1055 1056 1060 1061 1062 1063 1064 1065 1066 1067 1068 1999 BG: 2 2000 2999

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

SB 404. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reconstitute the board of commissioners; to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for the election and terms of office of subsequent chairpersons and members; to provide for eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for 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 amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, so as to reconstitute the board of commissioners; to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for the election and terms of office of subsequent chairpersons and members; to provide for

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eligibility and qualifications; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, is amended by striking Sections 2, 3, and 4 and inserting in their places the following:
"SECTION 2. The Board of Commissioners of Carroll County which existed on December 31, 2001, is continued in existence but on and after July 1, 2002, shall be constituted as provided in this Act. The Board of Commissioners of Carroll County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to July 1, 2002.
SECTION 3. (a) Those members of the Board of Commissioners of Carroll County who are serving as such on June 30, 2002, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after July 1, 2002, the Board of Commissioners of Carroll County shall consist of seven members six of whom shall be elected from commissioner districts described in subsection (b) of this section and the member who is chairperson and who is elected at large as provided in Section 4 of this Act. (b) For purposes of electing members of the board of commissioners, other than the chairperson, Carroll County is divided into six commissioner districts. One member of the board shall be elected from each such district. The six commissioner districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: carrollccp5 Plan Type: LOCAL User: Gina Administrator: Carroll CC. (c) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Carroll County which is not included in any such district described in that attachment shall be included within that district contiguous to

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such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Carroll County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia.
SECTION 4. (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 applicable to that office. (b) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that persons term of office or that office shall become vacant. (c) The member of the board who is chairperson of the board may reside anywhere within Carroll County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that persons term of office or that office shall become vacant. (d) The first members of the reconstituted Board of Commissioners of Carroll County from Commissioner Districts 2, 4, and 6 shall be elected at the general election on the Tuesday next following the first Monday in November, 2002. Those members of the board elected thereto from Commissioner Districts 2, 4, and 6 in 2002 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2006, and upon the election and qualification of their respective successors. The first members of the reconstituted Board of Commissioners of Carroll County from Commissioner Districts 1, 3, and 5 and the chairperson shall be elected at the general election on the Tuesday next following the first Monday in November 2004. The chairperson and those members of the board elected thereto from Commissioner Districts 1, 3, and 5 in 2004 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2008, and upon the election and qualification of their respective successors. Those and all future successors to the

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chairperson and the members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years. The chairperson and members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (e) 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.' (f) Commissioner Districts 1, 2, 3, 4, 5, and 6 as they exist on December 31, 2001, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, and 6, respectively, but as newly described under this Act, and on and after July 1, 2002, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."

SECTION 2. Said Act is further amended by striking Section 18 and inserting in its place a new Section 18 to read as follows:

Reserved."

"SECTION 18.

SECTION 3. It shall be the duty of the attorney of the Board of Commissioners of Carroll County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.

SECTION 4. This Act shall become effective on July 1, 2002.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

District 001 Carroll County
Tract: 9903 BG: 1 1087 1088 1098 1101 1102 1103 1104 BG: 2 2022 2023 2024 2025 2026 2027 2028 2035 2036 2037 2038 2039 2040 2041 2048 Tract: 9905.01

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BG: 1 1001 1003 1004 1005 1006 1009 1010 1011 1012 1013 1014 1015 1016 1017 1020 1021 1022 1023 1024 1025 1026 1036 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1079 1080 1081 1082 1084 1086 1087 1088 1089 1090 1091 1092 BG: 2 2000 2001 2002 2003 2004 2007 2010 2011 2012 2014 2015 2018 2031 2032 BG: 3 3000 3001 3004 3010 3011 Tract: 9905.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 BG: 3 Tract: 9906 BG: 1 1010 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 1045 1998 BG: 2 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 9907.01 BG: 1 1013 1014 1015 1016 1017 1018 1019 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3027 3030 3031 3032 3033 3040 3041 3049 3996 3998 3999 Tract: 9907.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1016 1017 1018 1024 BG: 2 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2027 2028 2029 2997 Tract: 9910 BG: 1 1000 1001 1002 1003 1004 1008 1009 1010 1011 1012 1015 1016 1019 1020 1023 1999 BG: 2

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2020 2021 2022 2023 2042 2043 2044 2048 2050 2051 2052 2053 2058 2998 2999 BG: 3 3000 3001 3005 3006 3007 3008 3018 3019 3999 Tract: 9911 BG: 1 1019 1023 1030
District 002 Carroll County
Tract: 9901.01 Tract: 9901.02 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3038 3997 3998 3999 BG: 4 Tract: 9907.02 BG: 1 BG: 2 2000 2005 2008 2018 2019 2020 2022 2999
District 003 Carroll County
Tract: 9901.02 BG: 3 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3041 3042 3043 3044 Tract: 9902 Tract: 9903 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1089 1090 1091 1092 1093 1094 1095 1096 1097 1099 1100

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BG: 2 2002 2003 2014 2015 Tract: 9905.01 BG: 1 1000 1002 1007 1008 1018 1019 1058 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1033 1034 1035 1044 1046 1047 1048 1049 1050 1051 1052 1999 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2017 2018 2019 Tract: 9907.01 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2021 Tract: 9907.02 BG: 2 2006 2007 2009 2021 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 9907.03 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2025 2026 2998 2999

District 004 Carroll County
Tract: 9905.01 BG: 2 2005 2006 2008 2009 2033 2034 2035 2036 Tract: 9906 BG: 2 2020 2021 2022 2023 2024 2025 2026 BG: 3 Tract: 9907.01 BG: 1 1011 1020 1021 1022 1025 1027 1029 1030 1031 1998 1999 BG: 3 3034 3035 3036 3037 3038 3039 3042 3043 3044 3045 3046 3047 3048 3050 3051 3052 3053 Tract: 9907.03 BG: 1 1014 1015 1019 1020 1021 1022 1023 1025 1026 1027 1028 1029

TUESDAY, MARCH 19, 2002
1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1999 Tract: 9910 BG: 1 1005 1006 1007 1013 1014 1017 1018 1021 1022 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2045 2046 2047 2049 2054 2055 2056 2057 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2997 BG: 3 3002 3003 3004 3009 3010 3011 3012 3013 3014 3015 3016 3017 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3041 3042 Tract: 9911 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1020 1021 1022 1024 1025 1026 1027 1028 1029 1031 1032 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3015 3016 3018 3019 3020 BG: 5 5000 5001 5004 5005 5006 5007 5008 5009 5010 5022 5026 5027 5028 5030 5999
District 005 Carroll County
Tract: 9905.01 BG: 2 2016 2017 BG: 3 3002 3003 3005 3006 3007 3008 3009 3012 Tract: 9907.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1023 1024 1026 1028 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1997

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BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2999 BG: 3 3000 3025 3026 3028 3029 3997 Tract: 9907.02 BG: 2 2001 2002 2003 2004 2010 2011 2012 2013 2014 2015 2016 2017 2031 2032 2033 2034 Tract: 9908 Tract: 9909 Tract: 9910 BG: 2 2074 BG: 3 3038 3043 3044 3045 Tract: 9911 BG: 3 3012 3013 3014 3017 BG: 4 BG: 5 5002 5003 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5023 5024 5025 5029 5031 5997 5998

District 006 Carroll County
Tract: 9903 BG: 1 1048 1049 1050 1051 1052 1076 1105 BG: 2 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2029 2030 2031 2032 2033 2034 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2997 2998 2999 BG: 3 Tract: 9904 Tract: 9905.01 BG: 1 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1043 1078 1083 1085

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BG: 2 2013 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 9905.02 BG: 2 2005 2006 Tract: 9912

2047

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

SB 434. By Senators Johnson of the 1st and Thomas of the 2nd:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change certain provisions relating to filling of vacancies; to provide for other 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 443. By Senator Guhl of the 45th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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SB 479. By Senators Williams of the 6th and Kemp of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4017), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; 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 492. By Senator Beatty of the 47th:
A BILL to be entitled an Act to provide a homestead exemption from City of Commerce 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 over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 493. By Senator Beatty of the 47th:
A BILL to be entitled an Act to provide a homestead exemption from City of Jefferson 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 over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district

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who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; 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 494. By Senator Beatty of the 47th:
A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson 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 years of age or over who have annual earned family incomes not exceeding $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), so as to provide for an additional $20,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; to provide for a definition; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 513. By Senators Cheeks of the 23rd and Gillis of the 20th:
A BILL to be entitled an Act to amend an Act entitled "An Act to provide for election of the chairman and the members of the board of education of Jefferson County," approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4167), so as to change the compensation of the chairperson and members of such board; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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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 Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Black Y Boggs Bordeaux Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Callaway Y Campbell 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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin
Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Heckstall Hembree Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reece Reed Y 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 Sinkfield Skipper

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor N Teague Y Teper Y Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson
Willard Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bills, the ayes were 147, nays 1. The Bills, having received the requisite constitutional majority, were passed.

Representative Teague of the 58th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 472. By Senators Butler of the 55th, Thomas of the 10th and Thomas of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for self-administration of asthma medication by minor children at school; to repeal conflicting laws; and for other purposes.
SB 527. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1220), an Act approved March 16, 1973 (Ga. L. 1973, p. 2300), an Act approved March 12, 1984 (Ga. L. 1984, p. 3939), an Act approved March 27, 1985 (Ga. L. 1985, p. 4413), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to reapportion the commissioner districts; to define certain terms; to provide for residency requirements for election; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 528. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Department of Justice for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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SB 529. By Senator Blitch of the 7th:
A BILL to be entitled an Act to create the City of Homerville Recreational Facilities Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain a recreational center and area or centers and areas, including playgrounds, parks, swimming pools, golf courses, tennis courts, athletic fields, grandstands, and stadiums, buildings to be used for various types of sports, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes, buildings to be used for the housing of livestock, horses, cattle, swine, poultry, and agricultural exhibits for exhibition purposes, the erection and construction of buildings to be used for amusement purposes or educational purposes; to repeal conflicting laws; and for other purposes.
SB 531. By Senators Guhl of the 45th and Crotts of the 17th:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), so as to increase the homestead exemption to $13,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
SB 547. By Senators Fort of the 39th, Scott of the 36th, Price of the 56th, James of the 35th, Thomas of the 10th and others:
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4432), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1952 general election (Res. Act No. 46; Senate Resolution No. 38; Ga. L. 1951, p. 874) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authority of the Fulton County fiscal authorities with respect to ad valorem taxation of real and personal property; to repeal that constitutional amendment duly ratified at the 1952 general election (Res. Act No. 46; Senate Resolution No. 38; Ga. L. 1951, p. 874) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia; to repeal conflicting laws; and for other purposes.

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HB 1114. By Representative Greene of the 158th:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Clay County; and for other purposes.
HB 1129. By Representative Amerson of the 7th:
A BILL to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, so as to change the description of the education districts; and for other purposes.
HB 1152. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
HB 1159. By Representatives Lunsford of the 109th and Cash of the 108th:
A BILL to amend an Act creating the Board of Commissioners of Butts County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
HB 1189. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act providing for the Board of Education of Thomas County, so as to reconstitute the board of education; to change the description of the education districts; and for other purposes.
HB 1195. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Yates of the 106th:
A BILL to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the organizational meeting; to eliminate the requirement of a second reading of nonemergency ordinances and the distinction between nonemergency and emergency ordinances; to provide that all deadlines falling on a Saturday, Sunday, or holiday may be met on the next day the city is open for business; and for other purposes.

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HB 1222. By Representatives Porter of the 143rd and Coleman of the 142nd:
A BILL to amend an Act creating the Board of Commissioners of Laurens County, so as to change the description of the commissioner districts for the election of members of the board of commissioners; and for other purposes.
HB 1228. By Representatives Stallings of the 100th, West of the 101st and Snelling of the 99th:
A BILL to amend an Act providing a new charter for the City of Villa Rica, so as to change the description of the wards for the election of members of the council; and for other purposes.
HB 1246. By Representatives Bulloch of the 180th and Sholar of the 179th:
A BILL to amend an Act creating the Board of Commissioners of Thomas County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
HB 1276. By Representative Channell of the 111th:
A BILL to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1277. By Representative Channell of the 111th:
A BILL to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to revise the education districts for the election of members of the board of education; and for other purposes.
HB 1309. By Representative Skipper of the 137th:
A BILL to amend an Act providing for districts for the election of the Sumter County Board of Education, so as to change provisions relating to education districts for the board; and for other purposes.
HB 1327. By Representatives Lunsford of the 109th, Sanders of the 107th, Cash of the 108th and Maddox of the 72nd:
A BILL to amend an Act providing for a new Board of Commissioners of Henry County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

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HB 1336. By Representatives Richardson of the 26th and Murphy of the 18th:
A BILL to amend an Act to provide for the election of the members of the Paulding County Board of Education, so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 1386. By Representative Smith of the 169th:
A BILL to amend an act creating the Board of Commissioners of Pierce County, so as to change the description of the commissioner districts; and for other purposes.
HB 1387. By Representative Smith of the 169th:
A BILL to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the description of the education districts; and for other purposes.
HB 1403. By Representative Smith of the 19th:
A BILL to amend an Act providing for an elected Board of Education of Dawson County, so as to change the description of the education districts; and for other purposes.
HB 1404. By Representative Smith of the 19th:
A BILL to amend an Act creating the Board of Commissioners of Dawson County, so as to change the description of the commissioner districts; and for other purposes.
HB 1414. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A BILL to amend an Act creating the Board of Commissioners of Liberty County, so as to change the description of the commissioner districts; and for other purposes.
HB 1415. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:

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A BILL to amend an Act creating the Board of Education of Liberty County, so as to change the description of the education districts; and for other purposes.
HB 1429. By Representative Twiggs of the 8th:
A BILL to provide for an advisory referendum election to be held in Rabun County for the purpose of determining the form of county government desired by the people of Rabun County; and for other purposes.
HB 1430. By Representative Twiggs of the 8th:
A BILL to provide for an advisory referendum election to be held in Towns County for the purpose of determining the form of county government desired by the people of Towns County; and for other purposes.
HB 1442. By Representative Skipper of the 137th:
A BILL to amend an Act providing for a new charter for the City of Americus, so as to change the description of the council districts; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 490. By Senator Lee of the 29th:
A RESOLUTION designating a portion of Georgia Highway 41 as the Dan and Marie Branch Highway; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1358. By Representative Lanier of the 145th:
A BILL to amend an Act to reconstitute the Board of Education of Candler County, so as to revise the districts for the election of members of the board of education; 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:

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SB 381. By Senator Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding Article 3 of Chapter 82 of Title 36, the "Revenue Bond Law," so as to change the definition of "undertaking"; to remove the referendum requirement with respect to revenue certificates issued for gas generation and distribution systems; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 382. By Senator Lee of the 29th:
A BILL to be entitled an Act to create the City of LaGrange Gas Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 472. By Senators Butler of the 55th, Thomas of the 10th and Thomas of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for self-administration of asthma medication by minor children at school; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

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SB 527. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1220), an Act approved March 16, 1973 (Ga. L. 1973, p. 2300), an Act approved March 12, 1984 (Ga. L. 1984, p. 3939), an Act approved March 27, 1985 (Ga. L. 1985, p. 4413), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to reapportion the commissioner districts; to define certain terms; to provide for residency requirements for election; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 528. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Department of Justice for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 529. By Senator Blitch of the 7th:
A BILL to be entitled an Act to create the City of Homerville Recreational Facilities Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain a recreational center and area or centers and areas, including playgrounds, parks, swimming pools, golf courses, tennis courts, athletic fields, grandstands, and stadiums, buildings to be used for various types of sports, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes, buildings to be used for the housing of livestock, horses, cattle, swine, poultry, and

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2059

agricultural exhibits for exhibition purposes, the erection and construction of buildings to be used for amusement purposes or educational purposes; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 531. By Senators Guhl of the 45th and Crotts of the 17th:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), so as to increase the homestead exemption to $13,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 547. By Senators Fort of the 39th, Scott of the 36th, Price of the 56th, James of the 35th, Thomas of the 10th and others:
A BILL to be entitled an Act to repeal an Act approved March 20, 1986 (Ga. L. 1986, p. 4432), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1952 general election (Res. Act No. 46; Senate Resolution No. 38; Ga. L. 1951, p. 874) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the authority of the Fulton County fiscal authorities with respect to ad valorem taxation of real and personal property; to repeal that constitutional amendment duly ratified at the 1952 general election (Res. Act No. 46; Senate Resolution No. 38; Ga. L. 1951, p. 874) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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SR 490. By Senator Lee of the 29th: A RESOLUTION designating a portion of Georgia Highway 41 as the Dan and Marie Branch Highway; and for other purposes.
Referred to the Committee on Transportation.
Representative Borders of the 177th arose to a point of personal privilege and addressed the House.
Representative Randall of the 127th arose to a point of personal privilege and addressed the House.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 1083. By Representatives McBee of the 88th, Hudgens of the 24th, Heard of the 89th and Wix of the 33rd: A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to change the provisions relating to licensing, licenses, and requirements for licenses; to change the provisions relating to qualifications for applicants; and for other purposes.
The following Committee substitute was read and adopted:
A BILL To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to change the provisions relating to licensing, licenses, and requirements for licenses; to change the provisions relating to qualifications for applicants; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking Code Section 43-5-7, relating to license requirements for persons engaged as athletic trainers, and inserting in its place the following:
"43-5-7. No person shall hold himself or herself out as an athletic trainer or perform, for compensation, any of the activities of an athletic trainer, as defined in this chapter, without first obtaining a license under this chapter; provided, however, that nothing in this chapter shall be construed to prevent any person from serving as a student-trainer, assistant-trainer, teacher-trainer, or any similar position if such service is not primarily for compensation and is carried out under the supervision of a coach, physician, or a licensed athletic trainer."
SECTION 2. Said chapter is further amended by striking Code Section 43-5-8, relating to qualifications of applicants and reciprocity, and inserting in its place the following:
"43-5-8. (a) An applicant for an athletic trainers license must possess one of the following qualifications: have met the athletic training curriculum requirements of a college or university approved by the board and give proof of graduation.
(1) Have met the athletic training curriculum requirements of a college or university approved by the board and give proof of graduation; (2) Hold a degree in physical therapy (or corrective therapy) with at least a minor in physical education or health which included a basic athletic training course and have spent at least two academic years working under the direct supervision of an approved athletic trainer; or (3) Have completed at least four years beyond the secondary school level, while either as an undergraduate or graduate student, as an apprentice athletic trainer under the direct supervision of a licensed athletic trainer. Such four years must be consecutive years of supervision, military duty excepted. (b) The board shall be authorized to grant a license, without examination, to any qualified athletic trainer holding a license in another state if such other state recognizes licensees of this state in the same manner. (c) The board may grant a license without examination to any qualified applicant who holds the a certification from the National Athletic Trainers Association certification Board of Certification. (d) Any person who was issued a license prior to July 1, 2004, shall remain qualified for licensure, notwithstanding the requirement for proof of graduation in subsection (a) of this Code section, so long as the license remains current."

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SECTION 3. This Act shall become effective on July 1, 2004.
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
Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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
Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper

Smith, B Y Smith, C Y Smith, C.W
Smith, L Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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 Willard Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

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On the passage of the Bill, by substitute, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1040. By Representatives Powell of the 23rd, Connell of the 115th, Harbin of the 113th and Jackson of the 112th:
A BILL to amend Part 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to allow a traumatic burn care medical practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment arising out of the cause of action; 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 N Benfield Y Birdsong Y Black Y Boggs N 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
Campbell Cash Y Channell

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix N Dodson N Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin N Harrell Y Heard Y Heckstall

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 N Mangham Y Manning Y Massey Y McBee Y McCall

Y Mueller Y Muntean Y O'Neal N 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
Reed 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 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
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens N Stokes Y Taylor Y Teague N Teper Y Tillman N Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles

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Y Childers Y 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

McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

N Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Wilkinson Willard
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 155, nays 13. The Bill, having received the requisite constitutional majority, was passed.

HB 1433. By Representative Amerson of the 7th:
A BILL to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize counties and municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises to permit and regulate the Sunday sale of malt beverages and wine for consumption on the premises in certain licensed establishments if approved by referendum; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes
Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y Buck

N Cox Y Crawford N Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart
Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner

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 Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert

Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper

Buckner Y Bulloch
Bunn Y Burkhalter Y Burmeister N Byrd N Callaway Y Campbell
Cash Y Channell Y Childers N Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, MARCH 19, 2002

Y Golick Y Grasse Y Graves N Greene
Hammontree Y Hanner Y Harbin Y Harrell
Heard Y Heckstall Y Hembree
Henson N Hines Y Holland Y Holmes N Houston Y Howard

Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee
McCall N McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris N Mosley

N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers N Royal Y Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

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Tillman Y Turnquest N Twiggs Y Unterman
Walker, L N Walker, R.L N Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 134, nays 28. The Bill, having received the requisite constitutional majority, was passed.

Representative Kaye of the 37th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Heard of the 89th 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 1667. By Representative Smith of the 169th:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson

N Cox N Crawford Y Cummings

N Hudgens Y Hudson, N Y Hudson, S

N Mueller N Muntean N O'Neal

N Smith, B Y Smith, C N Smith, C.W

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Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell
Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

N Davis N Day
Dean Y Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner N Golick N Grasse N Graves Y Greene N Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey Y McBee
McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper

N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 104, nays 69. The Bill, having received the requisite constitutional majority, was passed.

Representative Pelote of the 149th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Dean of the 48th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 1074. By Representatives Greene of the 158th, Stallings of the 100th, Houston of the 166th, Skipper of the 137th, Walker of the 141st and others:

TUESDAY, MARCH 19, 2002

2067

A RESOLUTION creating the Joint Local Assistance Road Program Study Committee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1105. By Representatives Floyd of the 138th, Coleman of the 142nd, Greene of the 158th, Purcell of the 147th and Ehrhart of the 36th:
A RESOLUTION creating the Joint Construction Codes Study Committee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1215. By Representative Shanahan of the 10th: A RESOLUTION designating the Veterans Parkway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1308. By Representatives Channell of the 111th, Parrish of the 144th and Jamieson of the 22nd:
A RESOLUTION creating the House Tourism and Sports Marketing Study Committee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.

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JOURNAL OF THE HOUSE

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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Forster Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Holmes Y Houston Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolutions, the ayes were 167, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

HB 1306. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:
A BILL to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state

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2069

agencies, so as to allow an appointed public official of the executive branch or employee of the executive branch to serve as an instructor of an evening or night course or program for a unit of the University System of Georgia or the Department of Technical and Adult Education 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 Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome
Brown Y 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 Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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
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 Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 167, nays 4.

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JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.

HB 1206. By Representatives Benfield of the 67th, Bordeaux of the 151st, Manning of the 32nd, Walker of the 141st and Ragas of the 64th:
A BILL to amend Code Section 16-5-91 of the Official Code of Georgia Annotated, relating to aggravated stalking, so as to include a good behavior bond as an order which, if violated, is included in the aggravated stalking statue; 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 Benfield Y Birdsong Y Black Y Boggs 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
Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree
Henson Y Hines

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 Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall McClinton McKinney Y Millar

Y Mueller Y Muntean Y O'Neal 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 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J

Y Coleman, T Y Collins
Connell Y Cooper

TUESDAY, MARCH 19, 2002

Y Holland Y Holmes
Houston Y Howard

Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper

2071
Y Williams, R 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.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

2072

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read:

HR 1416. By Representatives Lane of the 146th, Murphy of the 18th, Coleman of the 142nd, Morris of the 155th, Parrish of the 144th and others:
A RESOLUTION recognizing and commending C. Duane Harris on the occasion of his retirement from state service; and for other purposes.

HR 1417. By Representatives Williams of the 5th, Hammontree of the 4th, Walker of the 141st and Murphy of the 18th:
A RESOLUTION expressing support for the Georgia Athletic Coaches Association Hall of Fame; and for other purposes.

HR 1418. By Representatives Sinkfield of the 57th, Manning of the 32nd, Orrock of the 56th, Childers of the 13th and Mueller of the 152nd:
A RESOLUTION commending the Georgia Association of Homes and Services for Children; and for other purposes.

HR 1419. By Representative Burkhalter of the 41st:
A RESOLUTION commending His Excellency Mr. Peter J. Smith CBE and Suzanne Duffin Smith; and for other purposes.

HR 1420. By Representative Jamieson of the 22nd:
A RESOLUTION recognizing We the People ... Project Citizen and commending Lakeside High School, Mr. Richard Barbe, and Dr. John Carr; and for other purposes.

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2073

HR 1421. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd, Dodson of the 94th and Jordan of the 96th:
A RESOLUTION commending Donna Taffar; and for other purposes.

HR 1422. By Representative Brooks of the 54th:
A RESOLUTION honoring the life and achievements of Milton J. White; and for other purposes.

HR 1423. By Representative Brooks of the 54th:
A RESOLUTION honroing the life of Deputy Chief Bobby "B. J." Rocker and expressing condolences upon his passing; and for other purposes.

HR 1424. By Representative O'Neal of the 139th:
A RESOLUTION commending the Warner Robins First Assembly of God; and for other purposes.

HR 1425. By Representatives Turnquest of the 73rd and Smyre of the 136th:
A RESOLUTION commending Carol Moseley Braun; and for other purposes.

HR 1426. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th, Bordeaux of the 151st, Day of the 153rd and others:
A RESOLUTION recognizing and commending Armstrong Atlantic State University; and for other purposes.

HR 1427. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd, Dodson of the 94th and Jordan of the 96th:
A RESOLUTION commending Clayton County's STAR Students and Teachers; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1428. By Representatives Reece of the 11th, Jamieson of the 22nd, Snow of the 2nd, Childers of the 13th and Smith of the 12th: A RESOLUTION recognizing and commending Elizabeth Thomas Wilson upon the occasion of her selection as the 2002 Trion City School System Teacher of the Year; and for other purposes.
HR 1429. By Representatives Reece of the 11th, Jamieson of the 22nd and Smith of the 12th: A RESOLUTION recognizing and commending Earlene Cameron; and for other purposes.
HR 1430. By Representatives Reece of the 11th and Jamieson of the 22nd: A RESOLUTION recognizing and commending Christa Lambert; and for other purposes.
HR 1431. By Representatives Snow of the 2nd, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd: A RESOLUTION commending Honorable Steve Wilson; and for other purposes.
HR 1432. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Teresa Diane Purcell; and for other purposes.
HR 1433. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Leslie T. Johnson; and for other purposes.
HR 1434. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION recognizing and commending Jamie Denty; and for other purposes.

TUESDAY, MARCH 19, 2002

2075

HR 1435. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Paula Pye; and for other purposes.
HR 1436. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Kimberly Keith Cason; and for other purposes.
HR 1437. By Representatives Orrock of the 56th, Benfield of the 67th, McBee of the 88th, Grasse of the 16th, Ashe of the 46th and others: A RESOLUTION recognizing and commending the American Association of University Women of Georgia; and for other purposes.
HR 1438. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Betty Ormes; and for other purposes.
HR 1439. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Kipp Monroe Manning; and for other purposes.
HR 1440. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Linda L. Eckle; and for other purposes.
HR 1441. By Representative Mosley of the 171st: A RESOLUTION commending Karen Leigh Gordon; and for other purposes.
HR 1442. By Representatives Mosley of the 171st and Smith of the 169th: A RESOLUTION commending Monica L. Brannen; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1443. By Representative Manning of the 32nd: A RESOLUTION recognizing and commending Dr. Pete Inglis, Jr.; and for other purposes.
HR 1444. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A RESOLUTION in memory of Eston Altman; and for other purposes.
HR 1445. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd and Jordan of the 96th: A RESOLUTION commending Tranese Marie Green and Nichole Marie Greene; and for other purposes.
HR 1446. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd, Jordan of the 96th and Dodson of the 94th: A RESOLUTION commending Thad Tuck; and for other purposes.
HR 1447. By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th: A RESOLUTION commending the University System of Georgia Outstanding Scholars on Academic Recognition Day; and for other purposes.
HR 1448. By Representatives Hanner of the 159th, Royal of the 164th and Houston of the 166th: A RESOLUTION commending Robert McLendon; and for other purposes.
HR 1449. By Representatives Day of the 153rd, Murphy of the 18th, Jackson of the 148th, Pelote of the 149th and Westmoreland of the 104th:

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2077

A RESOLUTION expressing regret at the passing of Bobby Reed, Jr.; and for other purposes.

HR 1450. By Representatives Day of the 153rd, Murphy of the 18th, Jackson of the 148th and Westmoreland of the 104th:
A RESOLUTION expressing regret at the passing of Mark W. Neville; and for other purposes.

HR 1451. By Representatives Lane of the 146th, Borders of the 177th, Black of the 178th, Barnard of the 154th, Hudson of the 156th and others:
A RESOLUTION recognizing the Georgia Peanut Producers Association; and for other purposes.

HR 1452. By Representatives Day of the 153rd, Murphy of the 18th, Jackson of the 148th, Pelote of the 149th, Mueller of the 152nd and others:
A RESOLUTION expressing regret at the passing of Rodney J. Hall; and for other purposes.

HR 1453. By Representatives Day of the 153rd, Murphy of the 18th, Jackson of the 148th, Pelote of the 149th and Stephens of the 150th:
A RESOLUTION expressing regret at the passing of C.A. "Tony" Griffin; and for other purposes.

HR 1454. By Representative Bell of the 25th:
A RESOLUTION recognizing Walnut Fork Baptist Church on its 200th anniversary; and for other purposes.

HR 1455. By Representative Parham of the 122nd: A RESOLUTION commending C. Ann Perry Owen; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1456. By Representative Parham of the 122nd:
A RESOLUTION commending Richard M. Seagroves; and for other purposes.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe
Bannister Y Barnard Y Barnes
Bell Benfield Birdsong Y Black Boggs Bordeaux Y Borders Y Bridges Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Burmeister Y Byrd Y Callaway Campbell Cash Y Channell Y Childers Coan Y Coleman, B Y Coleman, T Collins Y Connell Cooper

Y Cox Y Crawford Y Cummings
Davis Day Dean Y Deloach, B Y Deloach, G E Dix Dodson Drenner Y Dukes Y Ehrhart Epps Y Everett Y Floyd Y Forster Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Hembree Henson Y Hines Holland Holmes Houston Howard

Y Hudgens Y Hudson, N Y Hudson, S
Hugley Irvin Y Jackson, B Jackson, L James Jamieson Jenkins Y Jennings Y Johnson Jordan Joyce Kaye Y Keen Knox Y Lane Y Lanier Y Lewis Y Lord Lucas Y Lunsford Maddox Mangham Manning Y Massey Y McBee McCall McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal
Orrock Parham Y Parrish Y Parsons Pelote Y Pinholster Y Poag Porter Powell Y Purcell Ragas Randall Ray Y Reece Reed Y Reichert Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Seay Y Shanahan Y Shaw Y Sholar Sims Sinkfield Y Skipper

Smith, B Y Smith, C
Smith, C.W Smith, L Y Smith, P Smith, T Y Smith, V Smyre Y Snelling Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Taylor Teague Y Teper Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Walker, R.L Watson Y West Westmoreland Y Wiles Y Wilkinson Willard Williams, J Y Williams, R Y Wix Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 101, nays 0. The Resolutions were adopted.

TUESDAY, MARCH 19, 2002

2079

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.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1182. By Representatives Ray of the 128th, Floyd of the 138th and Barnard of the 154th:
A BILL to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to change certain definitions; to regulate preconstruction termite treatments; to provide for additional powers and duties of the State Structural Pest Control Commission and the Commissioner of Agriculture; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to change the provisions relating to examinations; to provide for additional qualifications for operators; to provide for insurance requirements; to provide that certain conduct shall be unlawful; to change the provisions relating to penalties and provide for additional penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," is amended by striking Code Section 43-45-9, relating to examination for certification as an operator, evidence from applicants as to employment of qualified operators, and insurance requirements, and inserting in its place the following:
"43-45-9. (a) All applicants for examination for certification as an operator must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood-destroying organisms, and fumigation and the necessary

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JOURNAL OF THE HOUSE

knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. The commission may refuse to examine anyone convicted of a crime involving moral turpitude. (b) Each applicant must present satisfactory evidence to the commission concerning his or her qualifications which must include at least one of the following:
(1) Two years actual experience relating to service, one year of which must have been, within the last five years, as an employee, employer, or owner-operator in the field of household pest control, control of wood-destroying organisms, or fumigation, for whichever license is applied for; (2) One or more years specialized training in household pest control, control of wood-destroying organisms, or fumigation, or any combination thereof, under university or college supervision as a substitute for practical experience at the ratio of one year of schooling for one-fourth year practical experience; or (3) A degree from a recognized college or university with advanced training or major in entomology, sanitary or public health engineering, or related subjects, including sufficient practical experience of structural pest control work under proper supervision. (c) Each applicant for a license shall present evidence satisfactory to the commission that the business entity desiring the license has in its employ one or more qualified operators to engage in the business of structural pest control as provided in this chapter. (d) Each applicant for a license shall submit with the application and each licensee shall submit at the time of renewal of the license a certificate of insurance verifying coverage from an insurance company licensed to do business in this state. Such coverage shall be in the amount of not less than $50,000.00 per occurrence, with a minimum annual aggregate of $200,000.00 for all occurrences, and shall insure the licensees business against bodily injury and property damage claims. The insurance shall also cover claims for pollution liability caused by sudden and accidental discharge or release of pollutants. No license shall be issued or renewed and no business license shall be issued by a political subdivision pursuant to Code Section 43-45-15 until the insurance requirements of this subsection are met. Policies shall contain a cancellation provision whereby notification of cancellation is made to and received by the commission not less than 30 days prior to the cancellation. (e) In addition to the insurance coverage specified in subsection (d) of this Code section, each licensee for control of wood-destroying organisms shall submit on July 1, 2002, or within 30 days thereafter, each applicant for a license for control of wooddestroying organisms shall submit with the application for a license, and each licensee for control of wood-destroying organisms shall submit at the time of renewal of the license a certificate of insurance verifying coverage during the term of the license from an insurance company licensed to do business in this state. Such coverage shall be in the amount of not less than $100,000.00 per occurrence, with a minimum annual aggregate of $500,000.00 for all occurrences and shall insure the licensees business against bodily injury and property damage claims arising from the licensees treatment

TUESDAY, MARCH 19, 2002

2081

or services for control of wood-destroying organisms including, without limitation, errors and omission coverage on an occurrence basis. (f) No license shall be issued or renewed and no business license shall be issued by a political subdivision pursuant to Code Section 43-45-15 until the insurance requirements of this Code section are met. The minimum insurance coverages required by this Code section must be maintained during the entire period of time a license is in force, and the licensee shall furnish the name, address, and contact telephone number of the insurance carrier to each person receiving treatment or service from the licensee each time treatment or service is furnished. Policies shall contain a cancellation provision whereby notification of cancellation is made by the insurer to and actually received by the commission, through the Structural Pest Control Section of the Department of Agriculture, not less than 30 days prior to the cancellation. Any license or renewal of a license shall be suspended automatically by operation of law if the insurance coverages are not in force or are canceled for any reason, unless equivalent insurance is then in effect. It shall be the duty of the licensee to notify the commission that equivalent insurance is in effect and furnish proof of such insurance to the commission. If the license or renewal license is not reinstated within three months, it shall be revoked by operation of law without a hearing."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 43-45-12, relating to suspension, cancellation, and revocation of licenses, certifications, and registrations and unlawful acts, and inserting in lieu thereof the following:
"(b) Any licensee, certified operator, or registered employee who shall: (1) Make representations for the purpose of defrauding; deceive or defraud another; (2) Make a false statement with knowledge of its falsity for the purpose of inducing another to act thereon to his detriment; (3) Use methods or materials that are not suitable; or use any fumigant, insecticide, rodenticide, attractant, or repellant in a manner inconsistent with its labeling or other restrictions imposed by the commission or the Commissioner; (4) Fail to give the commission or its authorized representative, or the enforcing agency, upon demand or request, true information regarding methods and materials used, work performed, or other information essential to administration of this chapter; or (5) Make any intentional misrepresentation of a material fact in an application for a license, certification, or registration; or (6) Fail to perform, report, or submit the appropriate fees consistent with any rules and regulations promulgated pursuant to this chapter
shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4."

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SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 43-45-24, relating to engaging in structural pest control without a license, and inserting in lieu thereof the following:
"(a) Any person, firm, corporation, association, or any other organization or combination thereof who shall engage in, solicit, supervise, advertise, represent himself to be in, hold himself out as being in, or purport to be, a manager, owner, operatorowner, operator or agent (other than a registered employee), or agent in household pest control, control of wood-destroying organisms, fumigation, or related work, without having first secured a license issued for that purpose by the commission, shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Sectoin 17-10-4. Each violation shall constitute a separate offense."
SECTION 4. Said chapter is further amended by striking Code Section 43-45-25, relating to penalties, and inserting in its place the following:
"43-45-25. Except as otherwise provided in this chapter, any Any person violating this chapter shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor of a high and aggravated nature, and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each such violation shall constitute a separate offense."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Scott of the 165th and Crawford of the 129th move to amend the Committee substitute to HB 1182 as follows:
Page 3 line 29 and page 4 line 6 after the word "misdemeanor" insert "for the first offense. For the second or any subsequent offense, any person violating this chapter shall be guilty of a misdemeanor".

Representative Massey of the 86th moves to amend the Committee substitute to HB 1182 as follows:

TUESDAY, MARCH 19, 2002 Amend line 27 on page 3 by adding the words:
with the intent to circumvent any After fees, delete consistent with any.

2083

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 Benfield Y Birdsong Y Black Y Boggs 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 E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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 Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan N Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix N Yates
Murphy, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1350. By Representatives Channell of the 111th, Childers of the 13th, Coleman of the 142nd, Parrish of the 144th and Henson of the 65th:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Community Health to award grants, as funds become available, to rural hospitals for public health purposes; to provide for the Department of Community Health to promulgate rules and regulations for effective administration of such grants; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Burmeister Y Byrd

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner

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
Jordan Y Joyce Y Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper Y Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L

Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, MARCH 19, 2002

Y Harbin Y Harrell Y Heard Y Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

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Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R 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.

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 1769. By Representatives Roberts of the 162nd and Dukes of the 161st:
A BILL to comprehensively revise an Act creating the Chehaw Park Authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1772. By Representatives Lucas of the 124th, Randall of the 127th, Reichert of the 126th, Birdsong of the 123rd and Ray of the 128th:
A BILL to amend an Act known as the "Macon Water Authority Act," so as to change the descriptions of the five electoral districts provided for the authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1773. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th and Ray of the 128th:

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A BILL to amend an Act establishing a board of commissioners of Bibb County, so as to change the descriptions of the four commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1358. By Representative Lanier of the 145th:
A BILL to amend an Act to reconstitute the Board of Education of Candler County, so as to revise the districts for the election of members of the board of education; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for qualifications and manner of election; to change the method of filling vacancies on said board of education; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. (a) For the purpose of electing the members of the board of education, the Candler County School District is divided into five education districts. One member of the board shall be elected from each district. The five districts shall be and correspond to

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those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: candsbp1 Plan Type: Local User: Gina Administrator: Candler. (b) When used in such attachment, the terms 'Tract' and 'BG' (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 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Candler County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Candler County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2002, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. (d) The members of the board of education who were elected at the general election in November, 1998, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board of education who were elected at the general election in November, 2000, shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act."
SECTION 2. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"SECTION 5. (a) In the event a vacancy occurs on the board of education when six or more months remain in the unexpired term of office, the election superintendent of Candler 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

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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 to fill a vacancy on the board of education as provided in this section shall possess the residency and other qualifications required for the office. Any person elected in such special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. (b) In the event a vacancy occurs on the board of education when less than six months remain in the unexpired term of office, the remaining members of the board of education shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term of office. Any person appointed by the board of education to fill a vacancy as provided in this section shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification."
SECTION 3. It is the purpose of Section 1 of this Act to reapportion the districts from which members of the Board of Education of Candler County are to be elected in the November, 2002, general election and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2000. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.
SECTION 4. It shall be the duty of the attorney of the Board of Education of Candler County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 5. The provisions of this Act relating to and necessary for the regular election in 2002 of members of the Board of Education of Candler County and relating to the method of filling vacancies on said board shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2003.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Lanier of the 145th moved that the House agree to the Senate substitute to HB 1358.

TUESDAY, MARCH 19, 2002 On the motion the ayes were 120, nays 0. The motion prevailed.

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Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 254 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 27th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 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.

The following Committee substitute was read and adopted:

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

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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 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 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
42-9-80. This article shall be known and may be cited as 'The Interstate Compact for Adult Offender Supervision.'
42-9-81. The Governor of this state is authorized and directed to execute a compact on behalf of the State of Georgia with any of the United States legally joining therein in the form substantially as follows:
Article I. PURPOSE.
The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the By-laws and Rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112(1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released

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to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity. The compacting states recognize that there is no 'right' of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and By-laws and Rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS.
As used in this compact, unless the context clearly requires a different construction: (1) 'Adult' means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) 'By-laws' mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commissions actions or conduct. (3) 'Compact Administrator' means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the states supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact. (4) 'Compacting state' means any state which has enacted the enabling legislation for this compact. (5) 'Commissioner' means the voting representative of each compacting state appointed pursuant to Article III of this compact. (6) 'Interstate Commission' means the Interstate Commission for Adult Offender Supervision established by this compact. (7) 'Member' means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner. (8) 'Noncompacting state' means any state which has not enacted the enabling legislation for this compact.

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(8) 'Offender' means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies. (9) 'Person' means any individual, corporation, business enterprise, or other legal entity, either public or private. (10) 'Rules' means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states. (11) 'State' means a state of the United States, the District of Columbia and any other territorial possessions of the United States. (12) 'State Council' means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.
ARTICLE III. THE COMPACT COMMISSION.
The compacting states hereby create the 'Interstate Commission for Adult Offender Supervision.' The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. The Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (nonvoting) members. The Interstate Commission may provide in its by-laws for such additional, ex-officio, non-voting members as it deems necessary. Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more

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compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. The Interstate Commission shall establish an Executive Committee which shall include commission officers, members and others as shall be determined by the Bylaws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by Commission or set forth in the By-laws.
ARTICLE IV. THE STATE COUNCIL.
Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE V. POWERS AND DUTIES OF THE
INTERSTATE COMMISSION.
The Interstate Commission shall have the following powers: (1) To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission. (2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

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(3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission. (4) To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use of judicial process. (5) To establish and maintain offices. (6) To purchase and maintain insurance and bonds. (7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs. (8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commissions personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel. (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same. (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed. (13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact. (14) To sue and be sued. (15) To provide for dispute resolution among Compacting States. (16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. (17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. (18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity. (19) To establish uniform standards for the reporting, collecting, and exchanging of data.
ARTICLE VI. ORGANIZATION AND OPERATION OF
THE INTERSTATE COMMISSION.

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Section A. By-laws The Interstate Commission shall, by a majority of the Members, within twelve months of the first Interstate Commission meeting, adopt By-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to: establishing the fiscal year of the Interstate Commission; establishing an executive committee and such other committees as may be necessary; providing reasonable standards and procedures:
(1) For the establishment of committees, and (2) Governing any general or specific delegation of any authority or function of the Interstate Commission; providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; establishing the titles and responsibilities of the officers of the Interstate Commission; providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the By-laws shall exclusively govern the personnel policies and programs of the Interstate Commission; and providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations; providing transition rules for 'start up' administration of the compact; establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and Staff The Interstate Commission shall, by a majority of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the By-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The Officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

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Section C. Corporate Records of the Interstate Commission The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws.
Section D. Qualified Immunity, Defense and Indemnification The Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person. The Interstate Commission shall defend the Commissioner of a Compacting State, or his or her representatives or employees, or the Interstate Commissions representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person. The Interstate Commission shall indemnify and hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commissions representatives or employees, harmless in the amount of any settlement or judgement obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
ARTICLE VII. ACTIVITIES OF THE INTERSTATE COMMISSION.
The Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact. Except as otherwise provided in this Compact and unless a greater percentage is required by the By-laws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present. Each Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the

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state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The By-laws may provide for Members participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person. The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the Members, shall call additional meetings. The Interstate Commissions By-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate Rules consistent with the principles contained in the 'Government in Sunshine Act,' 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the Interstate Commissions internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by statute; (3) Disclose trade secrets or commercial or financial information which is privileged or confidential; (4) Involve accusing any person of a crime, or formally censuring any person; (5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) Disclose investigatory records compiled for law enforcement purposes; (7) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (8) Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (9) Specifically relate to the Interstate Commissions issuance of a subpoena, or its participation in a civil action or proceeding.

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For every meeting closed pursuant to this provision, the Interstate Commissions chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflected in the vote of each Member on the question). All documents considered in connection with any action shall be identified in such minutes. The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its By-laws and Rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION.
The Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rulemaking shall occur pursuant to the criteria set forth in this Article and the Bylaws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. Section 551, et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, Section 1, et seq., as may be amended (hereinafter 'APA'). All Rules and amendments shall become binding as of the date specified in each Rule or amendment. If a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such Rule shall have no further force and effect in any Compacting State. When promulgating a Rule, the Interstate Commission shall:
(1) Publish the proposed Rule stating with particularity the text of the Rule which is proposed and the reason for the proposed Rule; (2) Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available; (3) Provide an opportunity for an informal hearing; and (4) Promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record. Not later than sixty days after a Rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commissions principal office is located

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for judicial review of such Rule. If the court finds that the Interstate Commissions action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the Rule unlawful and set it aside. Subjects to be addressed within 12 months after the first meeting must at a minimum include:
(1) Notice to victims and opportunity to be heard; (2) Offender registration and compliance; (3) Violations/returns; (4) Transfer procedures and forms; (5) Eligibility for transfer; (6) Collection of restitution and fees from offenders; (7) Data collection and reporting; (8) The level of supervision to be provided by the receiving state; (9) Transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; (10) Mediation, arbitration and dispute resolution. The existing rules governing the operation of the previous compact superceded by this Act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder. Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION.
Section A. Oversight The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in Noncompacting States which may significantly affect Compacting States. The courts and executive agencies in each Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compacts purposes and intent. In any judicial or administrative proceeding in a Compacting State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

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Section B. Dispute Resolution The Compacting States shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among Compacting States and Noncompacting States. The Interstate Commission shall enact a By-law or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States.
Section C. Enforcement The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII, Section B, of this compact.
Section D. Extradition In accordance with the laws of the United States, the duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the offender to be retaken. All legal requirements to extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such offenders. The decision of the sending state to retake an offender shall be conclusive upon and not reviewable within the receiving state; however, if at the time when a state seeks to retake an offender there should be pending against the offender within the receiving state any criminal charge, or if the offender should be suspected of having committed within such state a criminal offense, the offender shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. The duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states that are parties to this compact without interference.
ARTICLE X. FINANCE.
The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. The Interstate Commission shall levy on and collect an annual assessment from each Compacting State to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commissions annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and

TUESDAY, MARCH 19, 2002

2101

the volume of interstate movement of offenders in each Compacting State and shall promulgate a Rule binding upon all Compacting States which governs said assessment. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its By-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XI. COMPACTING STATES, EFFECTIVE
DATE AND AMENDMENT.
Any state, as defined in Article II of this compact, is eligible to become a Compacting State. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the States. The initial effective date shall be the later of July 1, 2002, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other Compacting State, upon enactment of the Compact into law by that State. The governors of Non-member states or their designees will be invited to participate in Interstate Commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States. Amendments to the Compact may be proposed by the Interstate Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Interstate Commission and the Compacting States unless and until it is enacted into law by unanimous consent of the Compacting States.
ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION,
AND JUDICIAL ENFORCEMENT
Section A. Withdrawal Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; provided, that a Compacting State may withdraw from the Compact ('Withdrawing State') by enacting a statute specifically repealing the statute which enacted the Compact into law.

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The effective date of withdrawal is the effective date of the repeal. The Withdrawing State shall immediately notify the Chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. The Interstate Commission shall notify the other Compacting States of the Withdrawing States intent to withdraw within sixty days of its receipt thereof. The Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of any Compacting State shall occur upon the Withdrawing State reenacting the Compact or upon such later date as determined by the Interstate Commission.
Section B. Default If the Interstate Commission determines that any Compacting State has at any time defaulted ('Defaulting State') in the performance of any of its obligations or responsibilities under this Compact, the By-laws or any duly promulgated Rules the Interstate Commission may impose any or all of the following penalties:
(1) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; (2) Remedial training and technical assistance as directed by the Interstate Commission; (3) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the Bylaws and Rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state; the majority and minority leaders of the defaulting states legislature, and the State Council. The grounds for default include, but are not limited to, failure of a Compacting State to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission By-laws, or duly promulgated Rules. The Interstate Commission shall immediately notify the Defaulting State in writing of the penalty imposed by the Interstate Commission on the Defaulting State pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Compacting States and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a Defaulting State, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial

TUESDAY, MARCH 19, 2002

2103

Officer and the Majority and Minority Leaders of the Defaulting States legislature and the state council of such termination. The Defaulting State is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. The Interstate Commission shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission and the Defaulting State. Reinstatement following termination of any Compacting State requires both a reenactment of the Compact by the Defaulting State and the approval of the Interstate Commission pursuant to the Rules.
Section C. Judicial Enforcement The Interstate Commission may, by majority vote of the Members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the Compact, its duly promulgated Rules and By-laws, against any Compacting State in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
Section D. Dissolution of Compact The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State. Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the By-laws.
ARTICLE XIII. SEVERABILITY AND CONSTRUCTION.
The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. The provisions of this Compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS.

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Section A. Other Laws Nothing herein prevents the enforcement of any other law of a Compacting State that is not inconsistent with this Compact. All Compacting States laws conflicting with this Compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact All lawful actions of the Interstate Commission, including all Rules and By-laws promulgated by the Interstate Commission, are binding upon the Compacting States. All agreements between the Interstate Commission and the Compacting States are binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the Compacting States, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.
42-9-82. With respect to the Interstate Compact for Adult Offender Supervision set out in Code Section 42-9-81:
(1) The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Adult Offender Supervision required by Article IV of that compact, with the Governor making the appointments to those positions; except that any appointment to a position representing the legislative branch shall be made jointly by the Speaker of the House of Representatives and the President of the Senate and any appointment to a position representing the judicial branch shall be made by the Chief Justice of the Supreme Court; (2) The Governor shall by executive order establish the qualifications, term, and compensation of the compact administrator required by Article IV of that compact, with the state council making the appointment of the compact administrator; (3) The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective; and (4) Except as otherwise provided for in this Code section, the board may promulgate rules or regulations necessary to implement and administer the compact, subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

TUESDAY, MARCH 19, 2002

2105

SECTION 2. This Act shall become effective on July 1, 2002, or upon enactment by no fewer than 35 states of the Interstate Compact for Adult Supervision in substantially the form set out in Section 1 of this Act, whichever last occurs. For purposes of this section, the term "state" shall have the meaning provided by Section 1 of this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd Y Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

N Cox Crawford
Y Cummings N Davis Y Day Y Dean Y Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse N Graves Y Greene N Hammontree Y Hanner
Harbin Y Harrell Y Heard
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
Irvin Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen Knox Y Lane N Lanier N Lewis Y Lord Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

N Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E Teague Y Teper Y Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles Y Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 109, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1002. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and Smith of the 175th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003; and for other purposes.

The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2002, and ending June 30, 2003; 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, 2002, and ending June 30, 2003, 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 $14,454,000,000 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2003.

PART I. LEGISLATIVE BRANCH Section 1. General Assembly. State Funds Personal Services - Staff

$ 36,084,470 $ 18,881,715

TUESDAY, MARCH 19, 2002

2107

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 Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted

$ 5,766,807

$ 2,749,434

$

140,000

$

3,500

$

0

$

0

$ 1,299,000

$

364,700

$

7,500

$

698,000

$

115,303

$

95,000

$ 3,376,511

$

830,000

$

105,000

$ 1,652,000

$ 36,084,470

$ 36,084,470

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

Total Funds State Funds $ 6,229,383 $ 6,229,383 $ 1,108,792 $ 1,108,792 $ 1,460,811 $ 1,460,811 $ 8,798,986 $ 8,798,986

House Functional Budgets
House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total

Total Funds State Funds

$ 13,514,003 $ 13,514,003

$

468,482 $

468,482

$ 1,691,716 $ 1,691,716

$ 15,674,201 $ 15,674,201

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 3,541,174 $ 3,541,174

$ 2,473,556 $ 2,473,556

$ 1,230,312 $ 1,230,312

$ 3,935,400 $ 3,935,400

$

430,841 $

430,841

$ 11,611,283 $ 11,611,283

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JOURNAL OF THE HOUSE

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 32,135,900

$ 26,403,374

$

846,302

$

562,700

$

120,970

$

182,000

TUESDAY, MARCH 19, 2002

2109

Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications

Total Funds Budgeted State Funds Budgeted

$ 1,036,354

$

227,700

$

0

$ 2,419,000

$

337,500

$ 32,135,900

$ 32,135,900

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

$ 144,154,510

$ 18,386,921

$ 121,652,213

$ 3,744,651

$ 1,939,121

$

48,500

$

800,000

$

628,375

$ 147,199,781

$ 144,154,510

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 State Funds

$ 9,367,690 $ 8,047,324

$ 12,167,428 $ 12,071,428

$ 49,015,181 $ 49,015,181

$ 49,632,353 $ 48,088,448

$ 1,420,336 $ 1,420,336

$ 1,434,973 $ 1,434,973

$ 14,320,439 $ 14,235,439

$

268,279 $

268,279

$ 7,267,177 $ 7,267,177

$ 1,950,368 $ 1,950,368

$

355,557 $

355,557

$ 147,199,781 $ 144,154,510

Section 4. Department of Administrative Services. A. Budget Unit: State Funds - Department of
Administrative Services Personal Services Regular Operating Expenses

$ 43,423,521 $ 18,663,006 $ 4,647,374

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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

$

298,253

$

20,418

$

179,000

$ 3,347,883

$ 1,101,375

$

492,335

$

742,997

$

285,435

$

0

$

0

$

0

$ 2,350,000

$ 1,039,022

$

0

$

0

$ 6,014,012

$

496,375

$

35,000

$

48,500

$

75,000

$

500,000

$

0

$ 23,738,147

$

100,000

$ 64,174,132

$ 43,423,521

Departmental Functional Budgets
Administration Support Services Statewide Business Risk Management Executive Administration Governor's Small Business Center State Properties Commission Office of the Treasury State Office of Administrative Hearings Total

Total Funds State Funds

$ 32,290,330 $ 29,446,110

$ 14,091,587 $ 1,096,572

$ 3,528,632 $ 3,499,262

$ 3,491,010 $

479,424

$ 2,398,048 $ 2,346,048

$ 1,173,484 $ 1,160,787

$

634,723 $

634,723

$ 2,074,388 $

572,589

$ 4,491,930 $ 4,188,006

$ 64,174,132 $ 43,423,521

TUESDAY, MARCH 19, 2002

2111

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

$

0

$ 15,055,192

$ 8,489,556

$

11,843

$

200,000

$

63,835

$

322,000

$

15,071

$

261,916

$

681,124

$ 4,201,795

$ 5,508,583

$ 8,096,639

$ 1,439,409

$

0

$ 44,346,963

$

0

Departmental Functional Budgets
Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 2,090,816 $

0

$ 27,378,770 $

0

$ 6,343,197 $

0

$ 2,091,473 $

0

$ 2,277,766 $

0

$ 4,164,941 $

0

$ 44,346,963 $

0

C. Budget Unit: State Funds - Georgia Technology Authority
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

$

0

$ 49,818,093

$ 5,370,000

$

640,000

$

0

$

468,425

$ 19,517,244

$ 2,929,105

$

6,000

$ 26,436,256

$ 3,249,000

$

0

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JOURNAL OF THE HOUSE

Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted

$ 84,523,000

$

501,019

$ 6,194,830

$

0

$ 199,652,972

$

0

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

$ 40,798,825

$ 34,267,955

$ 4,344,894

$ 1,069,428

$

276,255

$

462,082

$

667,341

$ 1,132,197

$

398,176

$

33,500

$ 1,723,644

$ 1,143,240

$ 3,581,523

$ 2,950,609

$

160,000

$

20,000

$

425,000

$

653,000

$

0

$

40,000

$

0

$ 53,348,844

$ 40,798,825

Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration

Total Funds State Funds $ 9,172,398 $ 7,793,224 $ 16,464,954 $ 13,332,819 $ 7,610,212 $ 3,860,212 $ 7,385,763 $ 7,198,763

TUESDAY, MARCH 19, 2002

2113

Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

0$

0

$ 11,912,727 $ 8,613,807

$

802,790 $

0

$ 53,348,844 $ 40,798,825

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

$ 10,949,163

$ 9,231,238

$

380,157

$

420,853

$

12,767

$

2,347

$

215,723

$

551,302

$

124,341

$

10,435

$

0

$ 10,949,163

$ 10,949,163

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

$ 40,059,676

$ 22,672,427

$ 2,068,605

$

678,602

$

0

$

354,394

$ 1,488,569

$ 1,008,976

$

725,658

$

578,636

$

543,967

$

0

$ 2,022,408

$ 10,027,316

$

133,355

$ 30,000,000

$

315,000

$ 5,000,000 $ 3,007,301

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JOURNAL OF THE HOUSE

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

$

0

$

0

$ 3,118,750

$

842,541

$ 3,000,000

$

0

$

0

$ 1,128,125

$ 1,250,000

$ 50,000,000

$ 4,735,517

$

0

$

550,000

$

175,000

$ 145,425,147

$ 40,059,676

Departmental Functional Budgets
Executive Division Planning and Environmental Management Division Business and Financial Assistance Division Housing Finance Division Finance Division Administrative and Computer Support Division Georgia Music Hall of Fame Division Community Services Division Rural Development Division Total

Total Funds State Funds

$ 15,744,617 $ 15,572,873

$ 4,550,127 $ 4,322,051

$ 37,082,822 $ 5,429,464

$ 8,858,426 $ 3,046,261

$ 3,197,330 $ 1,512,843

$ 2,391,884 $

533,379

$ 1,606,003 $

815,259

$ 66,676,009 $ 3,509,617

$ 5,317,929 $ 5,317,929

$ 145,425,147 $ 40,059,676

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

$ 1,493,083,220

$ 18,116,681

$ 33,162,499

$ 9,055,745

$

455,802

$

0

$

80,136

$ 92,692,589

$ 1,730,148

$

757,659

TUESDAY, MARCH 19, 2002

2115

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

$ 1,749,139

$ 407,170,638

$ 4,563,557,882

$ 1,097,500

$

64,732

$

183,244

$

764,826

$ 975,000,000

$

27,000

$

400,000

$

762,000

$ 4,137,000

$ 2,202,803

$

100,000

$ 3,889,600

$ 19,740,098

$ 8,391,183

$

481,300

$

474,240

$

120,000

$ 6,128,247,763

$ 18,116,681

$ 1,493,083,220

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

Total Funds State Funds

$ 1,312,032 $

824,702

$ 4,563,557,882 $ 1,418,954,309

$ 46,573,468 $ 15,577,513

$ 101,986,274 $ 18,165,471

$ 1,327,419 $

769,854

$

523,032 $

261,516

$

408,399 $

246,182

$ 77,947,712 $ 2,806,826

$

688,383 $

470,086

$

487,663 $

470,536

$ 1,280,187,464 $

0

$ 2,703,376 $ 2,505,244

$ 40,003,568 $ 40,003,568

$ 2,439,729 $ 2,439,729

$ 1,462,134 $ 1,462,134

2116

JOURNAL OF THE HOUSE

Primary and Rural Health Total

$ 6,639,228 $ 6,242,231 $ 6,128,247,763 $ 1,511,199,901

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits
Total Funds Budgeted
Indigent Trust Fund 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 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

$ 54,207,074

$ 4,970,705

$

373,107

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

0

$ 8,005,806

$ 198,453,092

$ 207,265,764

$ 4,970,705

$ 54,207,074

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

$ 946,654,413

$ 581,987,191

$ 66,977,432

$ 2,051,490

$

854,756

$ 3,823,685

$ 6,212,437

$ 7,737,217

$ 8,171,718

$

37,000

$ 86,812,832

$

0

TUESDAY, MARCH 19, 2002

2117

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

$ 27,607,721

$ 1,300,000

$ 36,075,994

$ 5,450,000

$

0

$ 1,093,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 125,672,841

$

449,944

$

903,000

$ 971,141,217

$

450,000

$ 946,654,413

Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Programs Total

Total Funds State Funds $ 30,810,948 $ 30,003,948 $ 35,648,564 $ 35,648,564 $ 9,396,576 $ 9,396,576 $ 69,706,612 $ 69,706,612 $ 682,110,593 $ 666,894,998 $ 143,467,924 $ 135,003,715 $ 971,141,217 $ 946,654,413

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

$ 8,462,759

$ 15,851,108

$ 17,747,248

$

90,875

$

0

$

52,800

$

128,625

$

44,010

$ 1,021,973

$ 1,421,895

$

244,000

$

0

2118

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 36,602,534 $ 8,462,759

Departmental Functional Budgets
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds State Funds

$ 2,781,544 $ 2,450,591

$ 6,422,909 $

912,896

$ 27,398,081 $ 5,099,272

$ 36,602,534 $ 8,462,759

Section 11. State Board of Education A. Budget Unit: State Funds - Department of
Education Tobacco Funds Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation

$ 5,905,128,553 $ 30,000,000

$ 39,756,713

$ 7,950,546

$ 1,511,817

$

0

$

361,612

$ 1,110,653

$ 2,217,576

$ 29,190,505

$ 10,606,995

$ 2,239,313

$

800,451

$

0

$ 1,628,184,162 $ 1,480,294,480 $ 713,494,640 $ 57,621,711 $ 65,512,925 $ 180,496,314 $ 702,118,965 $ 155,980,376 $ 23,205,028 $ 46,495,792 $ 28,976,031 $ 143,435,416 $ 879,077,026 $ 167,551,763

TUESDAY, MARCH 19, 2002
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 Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Drug Free School (Federal) School Lunch (State) 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

2119

$ (1,102,013,446)

$

0

$

0

$ 281,831,372

$ 6,548,910

$

852,291

$

875,000

$ 4,340,000

$ 65,748,808

$ 27,650,639

$

293,520

$ 240,262,432

$ 4,025,312

$ 157,076,091

$ 5,508,750

$ 1,900,000

$

756,500

$ 188,375,722

$

267,333

$

961,413

$ 8,000,000

$ 22,472,973

$ 1,250,000

$

151,000

$ 1,608,000

$ 1,042,976

$ 11,639,743

$ 38,137,852

$ 8,836,638

$ 4,036,740

$ 17,767,503

$ 26,531,797

$ 107,826,070

$ 1,190,215

$ 7,466,425

$

274,395

$ 12,024,667

$ 67,340,280

$ 5,030,812

2120

JOURNAL OF THE HOUSE

Special Education at State Institutions Robert C. Byrd Scholarship (Federal) Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction 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

$ 4,046,930

$ 1,150,500

$ 6,018,289

$

350,000

$ 2,398,337

$

0

$ 5,967,000

$ 40,455,269

$ 30,000,000

$ 34,460,185

$ 14,265,573

$ 4,135,763

$ 18,436,228

$ 1,553,697

$

0

$

600,000

$ 4,015,000

$ 6,763,932,314

$

0

$ 30,000,000

$ 5,905,128,553

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

Total Funds State Funds

$ 15,077,513 $ 12,349,170

$ 23,912,159 $ 9,540,844

$ 1,469,926 $ 1,392,337

$ 8,734,803 $ 3,261,336

$ 8,922,028 $

55,520

$ 18,482,276 $ 13,283,277

$ 6,668,536,133 $ 5,878,107,651

$ 6,165,490 $ 5,586,957

$ 5,743,337 $ 5,248,986

$ 6,888,649 $ 6,302,475

$ 6,763,932,314 $ 5,935,128,553

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology

$

0

$

0

$

0

$

0

$

0

$

0

TUESDAY, MARCH 19, 2002
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
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 Utilities Capital Outlay Federal Programs 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

2121

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 1,315,264

$ 234,167,195

$ 5,803,645

$ 5,215,957

$ 1,209,764

$

36,500

$

50,000

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

11,000

$

0

$

0

$ 75,495,529

$

424,000

$ 322,421,590

$ 245,186,797

$ 1,315,264

$

0

$ 2,826,530

$

488,800

$

29,000

$

0

$

12,450

$ 1,269,708

$

345,740

$

82,002

2122

JOURNAL OF THE HOUSE

Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted
State Funds Budgeted

$

355,000

$ 1,452,000

$

0

$ 6,861,230

$

0

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

$ 36,841,733

$ 31,588,500

$ 6,244,849

$

182,385

$ 1,212,845

$ 1,860,331

$

357,000

$

11,518

$

993,627

$

9,500

$

577,300

$

60,000

$

0

$

0

$

0

$ 43,097,855

$ 36,841,733

Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total

Total Funds State Funds

$ 2,031,856 $

0

$ 36,641,730 $ 32,585,619

$ 4,424,269 $ 4,256,114

$ 43,097,855 $ 36,841,733

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 65,856,304

$ 52,139,252

$ 6,796,109

$

680,342

$ 1,191,897

$

862,590

$

631,960

$

651,289

$ 1,128,972

TUESDAY, MARCH 19, 2002

2123

Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 2,431,277

$ 2,285,654

$

428,667

$

0

$ 1,500,000

$ 27,783,371

$ 98,511,380

$ 65,856,304

Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total

Total Funds State Funds

$ 6,259,730 $ 6,259,730

$ 30,060,469 $ 28,646,799

$ 10,608,635 $ 10,608,635

$ 19,980,763 $ 19,980,763

$ 31,601,783 $

360,377

$ 98,511,380 $ 65,856,304

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

$ 45,488,333

$ 22,256,865

$ 1,591,555

$

380,049

$

0

$

98,207

$

528,967

$ 1,112,401

$

586,282

$ 2,670,014

$ 8,086,398

$ 4,718,365

$

40,000

$ 3,261,681

$

358,595

$ 3,903,890

$

274,194

$

179,645

$

0

$

0

$

0

$

0

$

482,540

2124

JOURNAL OF THE HOUSE

Grants - Local EMA Grants - Other Grants - Civil Air Patrol Criminal Justice Grants Troops to Teachers Flood - Contingency

Total Funds Budgeted State Funds Budgeted

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$

0

$ 51,783,578

$ 45,488,333

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 State Funds

$ 8,378,641 $ 8,378,641

$ 1,132,877 $

829,906

$ 11,672,001 $ 11,672,001

$ 5,323,147 $ 4,614,054

$ 4,827,396 $ 4,259,707

$

787,192 $

787,192

$

471,072 $

471,072

$ 9,331,795 $ 9,219,865

$ 7,251,706 $ 2,648,144

$ 2,607,751 $ 2,607,751

$ 51,783,578 $ 45,488,333

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 Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Grant-In-Aid to Counties

$ 1,382,005,211 $ 47,748,385

$ 118,444,889

$ 5,568,693

$ 2,348,842

$

0

$

461,311

$ 9,242,224

$ 4,972,880

$ 41,544,944

$ 59,169,122

$ 16,841,188

$

0

$

0

$ 88,103,208

$

163,451

$

0

TUESDAY, MARCH 19, 2002

2125

Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Operating Expenses Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 2,052,936

$ 33,961,019

$

0

$

0

$

500,000

$ 383,374,707

$

0

$ 8,278,248

$ 188,087,877

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoptions

$

Children's Community Based Initiative

$

Human Resources and Organization Development $

Computer Services

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support $

Child Care Licensing

$

Health Care Facilities Regulation

$

Office of Investigation

$

Office of Financial Services

$

Office of Audits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DDSA Council

$

Brain and Spinal Trust Fund Benefits

$

Office of Child Support Enforcement

$

Total

$

Total Funds 1,100,090 $ 4,603,822 $ 9,866,686 $
10,173,332 $ 1,325,637 $
75,262,989 $ 15,982,176 $
7,020,997 $ 816,116 $
3,604,262 $ 11,999,873 $
6,617,730 $ 10,113,489 $
2,758,555 $ 6,709,587 $ 17,391,703 $ 18,468,380 $
0$ 1,313,982 $ 94,222,336 $ 1,592,615 $
500,000 $ 81,930,350 $ 383,374,707 $

State Funds 1,100,090 4,575,306 6,369,822 9,898,332 1,325,637
36,389,364 15,120,102
5,720,964 746,116
3,577,693 5,895,408 1,941,174 5,723,779 2,758,555 6,709,587 2,880,864 18,468,380 (15,823,148) 1,313,982 62,708,909
15,119 500,000 18,450,090 196,366,125

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 55,291,491

$ 77,828,867

$

935,967

$

0

2126

JOURNAL OF THE HOUSE

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

$

292,867

$ 1,509,862

$ 1,081,649

$ 11,614,428

$

720,745

$ 1,267,699

$

292,000

$ 29,125,980

$ 157,452,692

$

0

$

196,680

$ 6,138,072

$ 343,748,999

$

0

$ 25,873,781

$ 171,710,666

Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Vital Records

Total Funds State Funds

$ 13,297,984 $ 13,140,416

$ 1,346,863 $ 1,133,032

$ 2,837,037 $ 2,511,862

$ 2,136,648 $

925,786

$ 7,650,183 $ 6,883,364

$ 5,253,347 $ 5,253,347

$ 3,239,108 $ 1,009,476

$ 11,903,137 $ 6,109,573

$ 85,090,169 $

0

$ 71,635,062 $ 70,648,511

$ 13,323,266 $ 6,493,954

$ 2,958,210 $ 1,514,862

$

570,586 $

465,963

$ 7,428,126 $ 5,047,307

$ 1,659,211 $

0

$ 5,836,580 $ 4,277,394

$ 1,954,974 $ 1,103,684

$

876,449 $

659,684

$ 2,871,613 $ 1,204,054

$ 1,654,488 $ 1,654,488

$

1,723 $

1,723

$ 8,280,304 $ 8,280,304

$ 2,889,435 $ 2,611,369

$ 2,213,461 $ 1,936,625

TUESDAY, MARCH 19, 2002

2127

Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Injury Control Smoking Prevention and Cessation HIV Waiver Public Health - Division Indirect Cost Total

$

739,938 $

739,938

$ 2,106,967 $ 1,575,492

$ 8,358,259 $ 8,029,259

$

244,148 $

244,148

$ 22,362,684 $ 15,509,204

$ 12,152,398 $ 4,079,320

$ 12,697,085 $ 3,097,550

$

77,311 $

59,814

$ 13,043,467 $ 10,461,070

$

284,097 $

172,092

$ 14,774,681 $ 14,774,681

$

0$

0

$

0 $ (4,024,899)

$ 343,748,999 $ 197,584,447

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 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

$ 14,007,206

$ 3,143,751

$ 1,034,619

$

0

$

223,397

$

526,852

$ 6,981,954

$ 6,805,862

$

0

$

686,644

$ 7,430,688

$ 123,303,498

$ 7,042,433

$ 432,613,612

$ 30,930,287

$ 2,401,505

$ 380,767,824

$ 1,017,900,132

$

0

$ 3,341,218

$ 424,829,575

Departmental Functional Budgets
Director's Office Social Services

Total Funds State Funds

$

995,468 $

995,468

$ 6,843,438 $ 6,331,397

2128

JOURNAL OF THE HOUSE

Administrative Support

$ 4,764,064 $

Quality Assurance

$ 3,762,415 $

Community Services

$ 14,023,725 $

Field Management

$ 2,779,896 $

Human Resources Management

$ 2,886,362 $

Economic Support

$ 3,606,038 $

Temporary Assistance for Needy Families

$ 114,134,948 $

SSI - Supplemental Benefits

$

0$

Refugee Programs

$ 2,795,420 $

Energy Benefits

$ 7,223,130 $

County DFACS Operations - Eligibility

$ 128,419,461 $

County DFACS Operations - Social Services

$ 136,371,281 $

Food Stamp Issuance

$ 3,190,752 $

County DFACS Operations - Homemakers Services $ 9,184,819 $

County DFACS Operations - Joint and

Administration

$ 79,010,616 $

County DFACS Operations - Employability Program $ 28,481,647 $

Employability Benefits

$ 43,105,900 $

Legal Services

$ 6,546,322 $

Family Foster Care

$ 67,966,454 $

Institutional Foster Care

$ 26,552,414 $

Specialized Foster Care

$ 8,534,752 $

Adoption Supplement

$ 46,039,968 $

Prevention of Foster Care

$ 17,895,675 $

Troubled Children

$ 60,539,258 $

Child Day Care

$ 180,900,622 $

Special Projects

$ 3,914,599 $

Children's Trust Fund

$ 7,430,688 $

Indirect Cost

$

0$

Total

$ 1,017,900,132 $

2,778,235 3,762,415 1,847,242 2,529,233 1,880,571 3,606,038 48,247,444
0 0 0 62,181,599 53,499,293 0 3,065,665
34,005,467 10,745,017 15,838,963
2,670,531 35,907,662 12,391,780
3,971,061 24,591,338
9,709,222 33,149,436 55,516,937
3,874,599 7,430,688 (12,356,508) 428,170,793

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

$ 291,787,045

$ 55,838,039

$

200,000

$ 9,483,000

$ 1,991,161

$ 659,879,803

$ 1,019,179,048

$ 1,313,100

TUESDAY, MARCH 19, 2002

2129

Tobacco Funds Budgeted State Funds Budgeted

$ 10,255,138 $ 597,377,093

Departmental Functional Budgets
Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total

Total Funds $ 30,491,396 $ $ 22,467,957 $ $ 28,877,198 $ $ 39,663,995 $ $ 113,540,705 $ $ 20,856,360 $ $ 49,047,313 $ $ 22,833,929 $ $ 4,208,993 $ $ 285,718,712 $ $ 278,484,876 $ $ 98,387,904 $ $ 14,903,181 $ $ 9,696,529 $ $ 1,019,179,048 $

State Funds 17,802,462 17,377,874 19,341,286 29,969,350 66,984,478 17,228,790 21,491,368 18,888,565 3,268,303
203,832,703 130,106,794
47,029,389 8,589,931 5,720,938
607,632,231

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

$ 479,530,631

$ 86,541,311

$ 4,319,428

$

200,000

$

977,575

$ 11,278,938

$ 13,036,483

$ 59,965,234

$ 59,889,867

$ 18,795,531

$ 55,838,039

$ 659,879,803

$

0

$ 7,430,688

$ 123,303,498

$ 7,334,433

$ 432,613,612

$ 148,159,475

$ 157,452,692

$ 2,154,612

2130

JOURNAL OF THE HOUSE

Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 9,483,000

$ 4,651,121

$ 33,961,019

$ 380,767,824

$ 6,138,072

$

500,000

$ 2,764,202,886

$ 1,313,100

$ 47,748,385

$ 1,382,005,211

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

$ 27,513,467

$ 65,430,712

$ 12,728,860

$ 1,118,395

$

593,806

$

20,000

$

62,597

$

391,336

$

852,119

$

442,215

$

53,200

$ 1,023,286

$

378,100

$ 9,799,553

$

0

$

0

$

50,000

$

0

$

0

$ 65,430,712

$ 92,944,179

$ 65,430,712

$ 27,513,467

Departmental Functional Budgets
Administration Economic Development Trade

Total Funds State Funds $ 77,581,273 $ 77,581,273 $ 7,491,095 $ 7,491,095 $ 2,850,492 $ 2,850,492

TUESDAY, MARCH 19, 2002

2131

Tourism Film Total

$ 4,372,997 $ 4,372,997

$

648,322 $

648,322

$ 92,944,179 $ 92,944,179

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

$ 15,961,304

$ 14,421,902

$

702,947

$

463,030

$

80,176

$

30,400

$

223,000

$

601,164

$

383,143

$

92,042

$

0

$

0

$ 16,997,804

$ 15,961,304

Departmental Functional Budgets
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total

Total Funds State Funds

$ 5,429,808 $ 5,429,808

$ 5,813,072 $ 5,813,072

$

499,689 $

499,689

$ 4,686,015 $ 3,649,515

$

569,220 $

569,220

$ 16,997,804 $ 15,961,304

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities

$ 273,810,128

$ 167,650,693

$ 15,032,602

$ 2,245,293

$

214,143

$ 1,001,029

$ 1,949,410

$ 3,131,474

$ 2,327,749

$ 5,514,460

$ 4,170,545

$ 3,262,322

2132

JOURNAL OF THE HOUSE

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

$

655,000

$

0

$ 82,777,941

$

0

$

0

$

0

$

250,000

$ 1,687,100

$ 291,869,761

$ 273,810,128

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 State Funds

$ 73,539,816 $ 72,035,856

$ 72,929,885 $ 70,988,030

$ 35,653,612 $ 34,561,715

$ 33,929,882 $ 29,425,075

$

619,520 $

619,520

$ 1,408,795 $ 1,408,795

$ 42,072,425 $ 35,075,909

$ 1,564,473 $ 1,564,473

$

831,391 $

831,391

$ 4,359,070 $ 4,269,070

$ 19,270,393 $ 19,249,795

$ 3,182,401 $ 3,182,401

$ 2,508,098 $

598,098

$ 291,869,761 $ 273,810,128

Section 20. Department of Labor. A. Budget Unit: State Funds - Department of
Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications WIA Contracts Per Diem and Fees Contracts

$ 17,671,462

$ 91,041,768

$ 7,405,831

$ 1,481,527

$

34,858

$

566,309

$ 2,750,087

$ 2,789,246

$ 2,030,660

$ 54,500,000

$ 2,863,761

$ 1,323,287

TUESDAY, MARCH 19, 2002

2133

W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted State Funds Budgeted

$

0

$ 1,287,478

$

0

$ 168,074,812

$ 17,671,462

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

$ 29,273,919

$ 91,988,113

$ 13,963,645

$ 2,008,995

$

39,095

$ 1,015,890

$ 5,790,455

$ 7,230,026

$ 4,442,155

$ 2,573,235

$ 3,138,419

$ 41,304,191

$ 1,050,245

$ 12,673,824

$

255,000

$

0

$

0

$ 187,473,288

$

100,000

$ 29,273,919

Departmental Functional Budgets
Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Total

Total Funds State Funds

$ 85,814,879 $ 18,539,629

$ 1,584,536 $

343,758

$ 4,174,761 $ 2,697,115

$ 54,867,080 $

0

$ 11,806,275 $

706,900

$ 29,225,757 $ 6,986,517

$ 187,473,288 $ 29,273,919

Section 21. Department of Law. State Funds Personal Services Regular Operating Expenses

$ 15,440,651

$ 15,111,627

$

719,600

2134

JOURNAL OF THE HOUSE

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 Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted
Federal Funds Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted
Section 23. Department of Motor Vehicle Safety. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$

183,617

$

0

$

0

$

302,292

$

837,469

$

194,200

$ 19,424,422

$

0

$

149,150

$ 36,922,377

$ 15,440,651

$

0

$ 8,414,696

$ 1,126,141

$

107,263

$

0

$

651,119

$

335,350

$

919,326

$ 1,682,822

$

184,400

$

820,675

$ 14,241,792

$

0

$

0

$

0

$

0

$

0

$ 91,977,811

$ 61,651,453

$ 8,481,832

$

465,062

$

352,206

$

745,335

$ 12,591,537

$ 2,536,453

$ 3,179,499

TUESDAY, MARCH 19, 2002

2135

Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$

751,198

$ 1,318,987

$

0

$ 6,892,489

$

34,900

$

348,651

$ 3,429,434

$

750,000

$

102,668

$ 103,631,704

$ 1,960,000

$ 91,977,811

Departmental Functional Budgets
Administration Operations Enforcement Total

Total Funds State Funds $ 32,500,460 $ 27,213,875 $ 54,150,562 $ 54,150,562 $ 16,980,682 $ 10,613,374 $ 103,631,704 $ 91,977,811

Section 24. 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
Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites

$ 147,732,661

$ 89,531,791

$ 15,032,227

$

819,838

$

875,504

$ 2,116,960

$ 3,223,333

$ 1,418,551

$ 11,925,682

$

890,900

$ 1,405,893

$

0

$

725,000

$ 1,333,300

$

860,176

$ 4,560,913

$

982,330

$

500,000

2136

JOURNAL OF THE HOUSE

Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation
Contracts: Georgia State Games Commission 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

$

341,000

$

0

$

203,056

$

62,700

$ 7,595,077

$ 6,132,574

$

0

$ 1,937,177

$

100,000

$

31,000

$

24,000

$ 1,007,434

$ 30,000,000

$ 184,436,416

$

840,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 147,732,661

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 State Funds

$ 35,493,132 $ 35,445,866

$ 7,437,028 $ 7,437,028

$ 2,829,208 $ 2,339,208

$ 42,104,855 $ 22,149,135

$ 2,623,220 $ 2,452,358

$ 38,262,056 $ 32,537,490

$ 55,227,569 $ 45,016,141

$

459,348 $

355,435

$ 184,436,416 $ 147,732,661

TUESDAY, MARCH 19, 2002
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
C. 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 25. State Board of Pardons and Parole. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

2137

$

0

$ 3,267,771

$ 2,416,232

$

10,000

$

0

$

41,000

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$ 6,678,170

$

0

$

0

$ 1,245,057

$

201,000

$

12,000

$

0

$

7,000

$

12,000

$

0

$

12,000

$

500

$

70,685

$

173,000

$

120,000

$ 1,853,242

$

0

$ 50,441,218

$ 41,313,370

$ 1,488,825

$

431,800

$

69,239

$

291,500

$

591,200

2138

JOURNAL OF THE HOUSE

Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Jail Subsidy Health Services Purchases

Total Funds Budgeted State Funds Budgeted

$ 3,113,201

$ 1,065,600

$

523,304

$

740,679

$

792,500

$

20,000

$ 50,441,218

$ 50,441,218

Section 26. Department of Public Safety. A. Budget Unit: State Funds - Department of
Public Safety 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
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 84,940,265

$ 73,699,300

$ 8,325,571

$

105,552

$ 3,226,986

$

370,337

$

758,170

$

47,834

$ 2,100,380

$

473,920

$

301,800

$

145,100

$

0

$

5,000

$ 89,559,950

$

990,000

$ 84,940,265

Departmental Functional Budgets
Administration Field Operations Total

Total Funds State Funds $ 19,582,624 $ 18,264,374 $ 69,977,326 $ 66,675,891 $ 89,559,950 $ 84,940,265

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel

$ 15,469,674

$ 11,554,659

$ 3,430,520

$

171,198

TUESDAY, MARCH 19, 2002

2139

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

$

68,987

$

209,796

$

330,645

$

285,584

$

352,825

$

415,212

$

520,502

$ 2,525,200

$ 1,987,488

$

0

$ 21,852,616

$ 15,469,674

Departmental Functional Budgets

Total Funds State Funds

Office of Highway Safety

$ 4,311,309 $

493,360

Georgia Peace Officers Standards and Training

$ 1,500,152 $ 1,500,152

Police Academy

$ 1,518,410 $ 1,182,917

Fire Academy

$ 1,227,830 $ 1,114,973

Georgia Firefighters Standards and Training Council $

484,379 $

484,379

Georgia Public Safety Training Facility

$ 12,810,536 $ 10,693,893

Total

$ 21,852,616 $ 15,469,674

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 15,258,226

$

625,000

$ 14,633,226

$ 15,258,226

$ 15,258,226

Section 28. 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

$ 8,644,279

$ 6,368,647

$

265,711

$

124,876

$

66,640

$

20,300

$

252,586

$

412,531

$

141,660

$

804,639

2140

JOURNAL OF THE HOUSE

Contracts

Total Funds Budgeted State Funds Budgeted

Section 29. 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 Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds 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

$

460,000

$ 8,917,590

$ 8,644,279

$ 1,443,421,283 $ 6,585,889

$ 1,688,458,528 $ 388,632,432

$ 380,447,080

$ 827,773,561

$ 31,558,523

$ 1,166,606

$

360,923

$ 1,014,986

$ 29,830,342

$ 188,870,159

$ 3,538,113,140

$ 127,332,403

$ 1,216,405,993

$ 741,328,072

$ 3,039,500

$ 6,585,889

$ 1,443,421,283

$ 225,409,203

$

0

$ 134,352,770 $ 65,692,480

$ 56,119,345 $ 31,293,568 $ 2,847,863

$ 23,279,270

$

0

TUESDAY, MARCH 19, 2002

2141

Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc.
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$

0

$ 7,308,350

$

874,601

$

565,155

$ 1,735,650

$ 19,424,616

$ 34,704,064

$

0

$ 36,189,947

$ 414,387,679

$ 8,543,070

$ 108,954,866

$ 70,937,040

$

543,500

$

0

$ 225,409,203

Regents Central Office and Other Organized Activities
Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/
Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center Total

Total Funds State Funds $ 2,749,883 $ 1,665,083 $ 5,173,068 $ 1,829,648 $ 1,842,242 $ 1,074,609 $ 113,487,808 $ 10,009,746

$ 23,279,270 $ 10,005,902

$ 74,144,121 $ 46,003,402

$ 62,678,717 $ 39,584,580

$

193,500 $

0

$ 3,698,973 $ 3,698,973

$ 6,809,351 $

802,351

$ 3,625,810 $

0

$ 3,353,970 $

0

$ 68,919,712 $ 68,812,863

$ 38,268,095 $ 35,758,887

$ 6,163,159 $ 6,163,159

$ 414,387,679 $ 225,409,203

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services

$

0

$ 14,574,720

2142

JOURNAL OF THE HOUSE

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 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 16,249,224

$ 4,040,278

$ 2,784,685

$ 37,648,907

$ 37,648,907

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 446,048,850

$

150,000

$ 57,298,943

$ 4,360,782

$

936,361

$

69,705

$

77,384

$ 14,650,249

$ 7,051,767

$ 2,096,381

$

564,730

$ 1,067,613

$ 4,272,795

$

0

$ 2,301,575

$ 2,800,000

$ 353,000,000

$ 450,548,285

$ 2,545,000

$

150,000

$ 446,048,850

TUESDAY, MARCH 19, 2002

2143

Departmental Functional Budgets
Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

Total Funds State Funds

$ 23,438,855 $ 23,438,855

$ 7,982,004 $ 7,982,004

$ 15,855,970 $ 14,600,970

$ 23,688,639 $ 23,598,639

$ 7,559,703 $ 7,559,703

$ 357,482,393 $ 355,677,958

$ 5,523,657 $ 5,523,657

$

5,000 $

5,000

$ 6,088,559 $ 4,888,559

$ 2,923,505 $ 2,923,505

$ 450,548,285 $ 446,198,850

Section 31. 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 Election Expenses Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 34,611,820

$ 18,786,232

$ 4,678,833

$

424,424

$

105,241

$

73,782

$ 3,838,024

$ 4,001,878

$ 1,017,577

$

355,721

$ 1,802,955

$

591,503

$

0

$ 35,676,170

$ 34,611,820

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

Total Funds State Funds

$ 4,983,525 $ 4,953,525

$ 6,051,893 $ 5,976,893

$

412,352 $

412,352

$ 2,064,866 $ 1,325,516

$ 2,003,802 $ 1,953,802

$ 8,487,313 $ 8,467,313

$ 1,377,507 $ 1,377,507

$

522,664 $

522,664

2144

JOURNAL OF THE HOUSE

State Examining Boards Holocaust Commission Total

$ 9,465,636 $ 9,315,636

$

306,612 $

306,612

$ 35,676,170 $ 34,611,820

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,278,872

$ 1,419,527

$

145,000

$

47,000

$

0

$

12,500

$

245,845

$

181,000

$

84,000

$

0

$

144,000

$ 2,278,872

$ 2,278,872

Departmental Functional Budgets Real Estate Commission

State Funds $ 2,278,872 $

Cost of Operations
2,318,872

Section 32. 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

$ 3,247,564

$ 1,665,120

$

211,806

$

45,030

$

0

$

23,184

$

15,953

$

119,052

$

40,686

$

139,838

$ 1,541,300

$

86,000

$ 3,887,969

$ 3,247,564

TUESDAY, MARCH 19, 2002

2145

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students LEAP Program Governor's Scholarship Program
Total Funds Budgeted
State Funds Budgeted

$ 40,851,637

$

552,232

$

23,315

$

19,000

$

0

$

6,300

$

20,233

$

49,615

$

12,091

$

11,560

$

34,706

$

0

$ 4,365,601

$ 30,044,521

$

0

$

68,364

$

362,080

$

23,120

$

30,000

$

521,220

$

0

$

0

$ 1,013,712

$ 3,693,967

$ 40,851,637

$ 40,851,637

Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds $ 40,122,585 $ 40,122,585

$

729,052 $

729,052

$ 40,851,637 $ 40,851,637

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

$ 379,813,203

$ 220,556,031

$ 48,293,781

$ 55,433,750

$

0

$ 41,856,010

2146

JOURNAL OF THE HOUSE

Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted
Lottery Funds Budgeted
Section 34. 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 35. 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

$

663,960

$

246,024

$ 4,204,658

$ 4,114,476

$

559,090

$

760,000

$ 2,080,233

$ 1,045,190

$ 379,813,203

$ 379,813,203

$ 2,670,000

$ 8,961,565

$

489,044

$

26,500

$

0

$

35,000

$ 1,399,000

$

663,270

$

330,000

$

697,200

$

0

$

0

$ 2,550,000

$

120,000

$

0

$ 15,271,579

$ 2,670,000

$ 284,361,869

$ 6,492,087

$

384,501

$

127,800

$

0

$

49,854

$

588,518

$

145,690

$

169,734

TUESDAY, MARCH 19, 2002

2147

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

$

698,328

$

115,980

$

0

$ 245,481,572

$ 62,053,354

$ 6,309,122

$ 20,400,454

$ 3,640,099

$ 13,451,893

$ 360,108,986

$ 284,361,869

Departmental Functional Budgets
Administration Institutional Programs Total

Total Funds State Funds $ 8,772,492 $ 6,712,704 $ 351,336,494 $ 277,649,165 $ 360,108,986 $ 284,361,869

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay Capital Outlay - Technical Institute Satellite
Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 36. Department of Transportation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay

$ 657,035,492 $ 262,071,612 $ 72,907,389 $ 2,124,945 $ 1,940,000 $ 8,333,642 $ 9,142,873 $ 1,766,967 $ 3,666,751 $ 223,750,717 $ 41,396,999 $ 1,411,583,003

2148

JOURNAL OF THE HOUSE

Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Spoilage, Land Acquisition, Clearing and Preparation Contracts with the Georgia Rail Passenger Authority Guaranteed Revenue Debt Common Reserve Fund
Total Funds Budgeted
State Funds Budgeted

$ 7,048,827 $ 17,951,272

$

710,855

$

0

$ 3,562,117

$ 31,000,000

$ 2,098,957,969

$ 657,035,492

Departmental Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,769,429,091 $ $ 228,767,807 $ $ 18,232,597 $ $ 28,323,977 $ $ 2,044,753,472 $

State Funds 378,468,804 217,460,275 16,750,694 26,320,227 639,000,000

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total

$

0$

0

$

0$

0

$

0$

0

$ 3,230,812 $ 2,573,017

$ 50,262,830 $ 14,751,620

$

710,855 $

710,855

$ 54,204,497 $ 18,035,492

Section 37. 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

$ 21,911,711

$ 5,739,601

$

393,240

$

131,202

$

0

$

118,822

$

30,080

$

219,543

$

87,160

$

24,500

$ 17,248,104

$ 7,813,344

$

0

TUESDAY, MARCH 19, 2002

2149

WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance Total Funds Budgeted
State Funds Budgeted

$

0

$

436,000

$ 32,241,596

$ 21,911,711

Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 24,428,252 $ 19,332,496 $ 7,813,344 $ 2,579,215 $ 32,241,596 $ 21,911,711

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 12,289,677

$ 10,066,672

$

470,115

$

140,600

$

0

$

44,048

$

261,976

$ 1,299,338

$

187,828

$

183,100

$

0

$ 12,653,677

$ 12,289,677

Section 39. 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)

$ 570,114,074 $ 51,000,000 $ 621,114,074

$

0

$

0

$

0

2150

JOURNAL OF THE HOUSE

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. 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, 2002 of all vehicles purchased or newly leased during Fiscal Year 2002.
Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq.,

TUESDAY, MARCH 19, 2002

2151

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 42. Provisions Relative to Section 7, Department of Community Affairs.
Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

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 $74,100 for operating expenses.

Recipient Athens/Clarke County

Description Purchase a van for resident transportation need at Lanier Gardens/Talmadge Terrace in Athens/Clarke County

Amount $ 25,000

Clayton County For athletic equipment, fine arts programs and band

Board of

programs for North Clayton High in Clayton County $ 5,000

Education

2152

JOURNAL OF THE HOUSE

Clayton County For athletic equipment, fine arts programs and band

Board of

programs for Church St Elementary in Clayton County $

Education

5,000

Clayton County For athletic equipment, fine arts programs and band

Board of

programs for Oliver Elementary in Clayton County

Education

$ 5,000

Clayton County For athletic equipment, fine arts programs and band

Board of

programs for Northcutt Elementary School in Clayton $

Education

County

5,000

Clayton County For athletic equipment, fine arts programs and band

Board of

programs for North Clayton Middle School in Clayton $

Education

5,000

Clayton County For athletic equipment, fine arts programs and band

Board of

programs for West Clayton Elementary School in

Education

Clayton County

$ 5,000

City of Albany Contract for services with Union Outreach Mission for health care for underprivileged in the City of Albany $ Funding for the Positive Parenting/Play and Learn

15,000

Columbus Consolidated Government

Together Program Teenage parenting program in Columbus/Muscogee County

$ 10,000

Athens/Clarke County

Contract W Athens Tutorial Program for after school tutorial and enrichment program in Athens/Clarke county

$ 10,000

Augusta/ Richmond County

Contract for services with the Augusta Mini Theater, Inc.

in Augusta Richmond County

$ 50,000

City of Pitts

Repair of gymnasium floor in Recreation Complex in City of Pitts

$

10,000

TUESDAY, MARCH 19, 2002

2153

Irwin County

Repair to gymnasium in the recreation complex in Irwin County

$

10,000

Irwin County

Upgrade inventory of books for the Irwin County Library

$ 10,000

Columbus Consolidated Government

Contract for services with Urban League of Greater Columbus for Youth Challenge Project

$ 15,000

Stephens County Purchase equipment and software for the Stephens Commission County Education literacy Foundation

$ 10,120

Augusta/ Richmond County

Program enhancements for the Augusta Players in Augusta/Richmond County

$ 25,000

Augusta/ Richmond County

Planning money for railroad track removal in downtown

Augusta

$ 50,000

City of Atlanta Contract for services with Southwest YMCA for the Brother to Brother and SistersOnly program in City of $ 50,000 Atlanta

City of Fitzgerald Build a walking trail for senior citizens in the City of Fitzgerald

$ 10,000

Department of Planning money to relocate the existing Augusta

Agriculture

Farmer's Market

$ 50,000

City of Darien

Contract for services with the Howard Genesis House, Inc. for services to homeless women in City of Darien

$

20,000

City of Camilla Welcome Center renovation for the City of Camilla $ 15,000

Chatham County Contract for services with the Community Cardiovascular Council, Inc. in Chatham County

$ 10,000

DeKalb County Renovation and outdoor lighting for Briarwood Recreation Center in DeKalb County

$ 10,000

2154

JOURNAL OF THE HOUSE

Cobb County Board of Education

Purchase books and materials for bookmobile for Belmont Elementary School in Cobb County

$ 5,000

Atkinson County Chain Link Fencing/security gates for playground at

Board of

Willacoochee Elementary and fencing for the new High $

Education

School in Atkinson County

4,500

Atkinson County Provide lighting for parking lot at new High School in

Board of

Atkinson County

$ 10,000

Education

City of Willacoochee

Purchase playground equipment for the city Kiddie Park in the City of Willacoochee

$

10,000

City of Talbotton Landscaping and park equipment for Kiddie Park In the $ City of Talbotton

5,000

City of Douglas Purchase portable Speed Detector for City of Douglas Police Department

$

3,000

Washington County

Bathroom improvements for handicapped access for the Washington County Historical Society

$

5,000

City of Wadley Equipment purchase for the City of Wadley Volunteer Fire Department

$

5,000

Washington County

Capital improvements for the Washington County Recreation Department

$ 10,000

Carroll County Board of Education

Outdoor lighting system for Bowdon High School in Carroll County

$ 56,600

City of Ocilla Repair poor acoustics in the Community House at the

City of Ocilla

$ 10,000

City of Pineview Purchase water tank, pump house and building to house a 5,000 gallon water tanker for the City of Pineview fire $ department

10,000

TUESDAY, MARCH 19, 2002

2155

Augusta/ Richmond County

Contract for services with Harrisburg Neighborhood Association for food and essentials for the needy in Augusta/Richmond County

$ 30,000

Augusta/ Richmond County

Construct playground for disabled children in Central

Savannah River Area for the Rachel Longstreet

$ 25,000

Foundation in Augusta/Richmond County

Augusta/ Richmond County

Exhibition improvements and expansion of education

programs at the Augusta Museum of History

$ 15,000

City of Camilla

Continued renovation of Historic Depot project for City of Camilla

$

10,000

DeKalb County Fill in dangerous ditches/sidewalk construction on LaVista Road in unincorporated DeKalb County from $ 20,000 Atlanta City line to Citadel Road

DeKalb County Re-engineer dangerous intersection Briarcliff Road, Johnson Road, Zonolite Road in DeKalb County

$ 10,000

DeKalb County Contract for services with the Push Push Theater of DeKalb County

$ 10,000

Twiggs County

Landscaping beautification at Twiggs County Historical Courthouse

$

15,000

Twiggs County

Upgrade records filing system for the Clerk of Superior Court Office in Twiggs County

$

5,000

Ware County

Furnish and renovate the Magnolia House Shelter for Abused Women and countyChildren in Ware

$

5,000

Satilla Regional Medical Center

Contract for services with the Satilla Advocacy Services for the Satilla Regional Medical Centerin Waycross

$

10,000

Ware County

Acquire a building for the Thomas O. Zorn #70 Chapter of the Disabled American Veterans in Waycross

$

15,000

2156

JOURNAL OF THE HOUSE

City of Atlanta

Contract with Pittsburg Community Improvement Assn. for housing improvement and economic development in $ the City of Atlanta

30,000

Ware County

Improvements and additions to the Okefenokee Heritage Center in Ware County

$

5,000

Fannin County

Provide crew from Union C.I. to maintain park and clean bank area in Fannin County

$

25,000

City of Pearson

Purchase street and road maintenance equipment for the City of Pearson

$

5,000

City of Pearson

Safety and facility enhancement for sports/recreation in City of Pearson

$

12,000

Atkinson County Commission

Courthouse parking lot expansion, courtroom renovation and farmers' market in Atkinson County

$

10,000

Coffee County Board of Education

Purchase of mats and weights for Coffee Middle School

in Coffee Board Of Education

$

10,000

City of Avera Equipment purchases for the City of Avera

$ 6,000

City of Wadley Purchase a trash truck for the City of Wadley

$ 4,000

City of Tennille Equipment purchase for the City of Tennille

$ 5,000

Augusta/ Richmond County

Contract for services with the Beyond The Ark Outreach

Services B.T.A. in Augusta/Richmond County

$ 10,000

City of Atlanta

Contract for services with the Georgia Citizen Coalition on Hunger in the City of Atlanta

$

25,000

Walker County Contract with Children's Advocacy Center to provide

Lookout Mountain Superior Courts child abuse

$ 15,000

investigation forensic service

TUESDAY, MARCH 19, 2002

2157

Town of Ivey

Construct a Voluntary Fire Department and precinct polling place in Town of Ivey and Wilkinson County

$ 25,000

Chatham County Expand the kitchen for the Meals on Wheels Program at Senior Citizens Inc. of Savannah in Chatham County

$

50,000

City of Waycross Renovations and restoration to the Ritz Theater in the City of Waycross

$

10,000

City of Talbotton Smith Hill Community Improvement Project and realignment of Smith Hill Road/Highway 80 intersection $ in City of Talbotton

10,000

City of Waycross

Purchase computers for the Drug Action Council's Weed and Seed Program in City of Waycross

$

2,500

City of Atlanta

Contract for services with Community Care, Inc. for social service programs to children/youth in the City of $ Atlanta

30,000

City of Stone Mountain

Contract for services with ART Station, Inc. in the City of Stone Mountain for facility renovation

$

10,000

City of Ludowici Purchase a police car for the city of Ludowici

$ 10,000

Meriwether County

Construct a football field for Greenville High School in Meriwether County

$

10,000

City of Fort Valley

Refurbish old school bus for the Boys and Girls Club in City of Fort Valley

$ 12,000

City of Rome

Restoration funds for the Historic Clock and Tower in the City of Rome

$ 20,000

City of Flovilla Assist with cost of fence around City of Flovilla cemetery

$ 10,000

City of Douglas Purchase equipment for the City of Douglas Police Department

$ 3,000

2158

JOURNAL OF THE HOUSE

Coffee County Assist in equipment for Wilsonville Volunteer Fire Commissioners District station in Coffee County

$ 10,000

Jackson County

Purchase of equipment for Plainview Fire Department in Jackson County

$

15,000

Bibb County Board of Education

Enhancements for school band and fine arts program at

Central High in Bibb County

$ 25,000

Fannin County

Park amenities to include restrooms, roads to ballpark, in Fannin County

$

30,000

City of Brunswick

Fire Department improvement and equipment for the City of Brunswick

$ 50,000

City of East Point

Contract for services with Women's Employment Opportunity Project for computer literacy tennis courts $ and walking trails program in the City of East Point

20,000

City of East Point

Contract for services with the East Point Police Athletic League for at-risk youth programs in the City of East $ Point

25,000

Athens/

Funding for the Non-profit Community Children's

Clarke County Chorus at the University of Georgia in Athens/Clarke $ 15,000

County

City of Albany

Contract for services with East Albany Service League, Inc. for services to underprivileged in the City of Albany

$

20,000

City of Albany Contract for services with Mt. Olive Outreach for tutorial programs in the City of Albany

$ 20,000

City of Albany

Contract for services with Slater King Adult Day Care in the City of Albany

$

20,000

Irwin County

Repair and upkeep of Civil War Memorial located on courthouse square in the City of Ocilla

$

5,000

TUESDAY, MARCH 19, 2002

2159

Irwin County Board of Education

Construction of physical education room for wrestling, cheerleading and band activities for the Irwin County $ High School

10,000

City of Rochelle Removal of abandoned hazardous tank located in the center of City of Rochelle

$ 10,000

City of Pelham

Purchase of van for first respondent fire fighters in City of Pelham

$

15,000

City of Macon

Contract for services with Middle Georgia Tennis Academy for after school tennis and tutorial program in $ the City of Macon

20,000

Ware County

Purchase equipment for the Dixie Union Volunteer Fire

and Rescue division of the Ware County Fire

$

Department

5,000

City of Woodland

Safety improvements to City Park in the City of Woodland

$ 10,000

Bibb County

Contract for services with The Mentors Project of Bibb County Inc.

$

10,000

Talbot County Board of Education

Repair gym floor at Central Elementary/High School in

Talbot County

$

10,000

Peach County Purchase Microbus for Peach County 4-H

$ 20,000

City of Gordon Construction and landscape a city park in the Town of Gordon

$

5,000

Clayton County Support school operation resources for Robert Smith

Board of

Elementary PTA for Clayton County

$ 1,000

Education

Clayton County Support school operation resources for McGarrah

Board of

Elementary PTA in Clayton County

Education

$ 1,000

2160

JOURNAL OF THE HOUSE

City of Stone Mountain

Purchase equipment and software for the City of Stone Mountain

$

5,000

Walton County Furniture purchase for Loganville Senior Center Board of Commissioners

$ 5,000

Troup County

Development of the Clark Access Recreational Park in Troup County

$

50,000

Walton County Renovation and drainage project on playground at

Board of

Loganville Elementary School in Walton County

Education

$ 5,000

Jones County

Design and develop landscape beautification project at the Jones County Civic Center

$

15,000

City of Loganville

Main Street downtown sidewalk renovation project in the City of Loganville

$

5,000

Fulton County Board of Education

Development of an outdoor classroom for Roswell North

Elementary School in Fulton County

$

10,000

City of Abbeville Upgrade wiring and plumbing in an old lunchroom building used by Arts Council in Wilcox County

$ 10,000

City of Baconton Purchase of benches and landscaping of grounds for historic Victorian home owned by City of Baconton

$

7,500

City of Doerun

Construction of six foot chain link fence around electric sub-station in the City of Doerun

$

7,500

Town of Funston Replace 6" water line on North Manning Street in the City of Funston

$

7,500

Baldwin County Purchase Thermal Imaging Camera equipment for use by Baldwin County Fire Department

$

10,000

City of Milledgeville

Purchase Generator (350-375 watt) for City of Milledgeville

$ 30,000

TUESDAY, MARCH 19, 2002

2161

City of Milledgeville

Purchase Case 590 backhoe for the City of Milledgeville $ 30,000

Jackson County

Purchase Rescue

of

equipment

for

the

Jackson

County

Volunteer

$

20,000

City of Atlanta- Contract for services with Cascade United Methodist

DCA

Community Outreach Program in the City of Atlanta

$ 50,000

City of Lilburn

Preservation and improvement of the community's green space and downtown revitalization program in the City $ of Lilburn

10,000

Clayton County Support resources for the school operation for M.D.

Board of

Roberts PTSA in Clayton County

Education

$ 4,000

Gwinnett Community Foundation

Provide funds to allow Aurora Theater performances in elementary schools in Gwinnett County

$ 10,000

Bibb County

Contract for services with Macon/Bibb County Health Department for HIV/AIDS education and prevention

$

15,000

Floyd County

Construction of access road to the new Pirelli Plant in the Floyd County

$

25,000

Gwinnett County Athletic Department stadium project at Grayson High

Board of

School in Gwinnett County

$

Education

5,000

City of Rome

Contract for services with National Creative Society for children's service programs in City of Rome

$

20,000

City of Byron Repair old Byron gymnasium in the City of Byron

$ 15,000

City of Sale City Purchase required computer software for the uniform chart of accounts for Sale City

$

6,750

2162

JOURNAL OF THE HOUSE

Pelham City Board of Education

Improvements to the agriculture livestock facilities in

Pelham City public schools

$ 15,000

Baldwin County Purchase digital mapping system for Baldwin County $ 20,000

Jackson County Construction of homeland security building for the Jackson County Fire Department

$ 15,000

Bibb County

Improvements to 3 regional, co-ed soccer fields in Bibb County

$ 25,000

Chatham County Provide for Head Start Program classroom for the City of Savannah

$ 10,000

Clayton County Support school operations resources for Jonesboro High

Board of

School PSTA in Clayton County

$

Education

1,000

Clayton County Support school operation resources for Arnold

Board of

Elementary PTA in Clayton County

Education

$ 1,000

Clayton County Support school operation resources at Mt. Zion High

Board of

School PTA in Clayton County

$ 1,000

Education

Clayton County Support school operation resources for Morrow Middle

Board of

School PSTA in Clayton County

$

Education

1,000

Clayton County Support school operation resources for Adamson Middle

Board of

School PSTA in Clayton County

$

Education

1,000

Clayton County Support school operation resources for the Jonesboro

Board of

Middle School PSTA in Clayton County

$

Education

1,000

Peach County Replacement of 3 radio repeaters in the Peach County $ 10,000

TUESDAY, MARCH 19, 2002

2163

City of Odum Purchase equipment for the City of Odum

$ 5,000

City of Screven Equipment purchase for the City of Screven

$ 5,000

Wilkinson County

Capital expenditures for the Wilkinson County/Gordon/ Recreational Complex

$

25,000

Muscogee

Construction of rope bridge site for Raider's Team,

County Board of Freedom Fighter's Cultural Arts Program in Muscogee $

Education

County

15,000

Columbus Consolidated Government

Contract for services with Columbus Community Central

for outreach program in Columbus

$ 15,000

Mitchell County Contract for services with Mitchell County Boys and

Girls Club for Smart Moves pregnancy prevention

$ 9,000

program

Wilcox County

Purchase tanker truck for Cedar Creek Fire Department in Wilcox County

$

5,000

Mitchell County Purchase new fire protection equipment for seven volunteer fire departments in Mitchell County

$ 21,000

Baldwin County Continuation of Office of Solicitor General's victim assistance programs in Baldwin County

$ 5,000

Athens/Clarke County

Roof repair at building housing Kelley Diversified Inc. in Athens/Clarke County

$

20,000

McIntosh County Purchase seventeen-passenger Ford Econovan for the Esther Project, Inc. in McIntosh County

$

20,000

Gwinnett County Contract for services with Creative Enterprises for construction of Phase II Expansion of the Day Habilitation Program in Gwinnett County

$ 25,000

City of Cave Spring

Maintenance/operations/renovation of Fannin Hall, administration building for the Georgia School for the $ 30,000 Deaf, Fannin Campus in City of Cave Springs

2164

JOURNAL OF THE HOUSE

City of Adairsville

Purchase of garbage truck for the City of Adairsville $ 30,000

Floyd County Board of Education

Outdoor activities project at the Pepperell High School

in Floyd County

$

25,000

Dublin/Laurens County Recreation Authority

Lighting for fields for Dublin Laurens County Recreation Authority

$ 5,000

Long County

Fire department equipment to include personal turn out gear for Long County

$

30,000

Rabun County Update computer system at Rabun County Hospital $ 45,000

Union County

Design and construct a gymnasium/community center in Union County

$

50,000

Seminole County For construction of a multipurpose agri-center livestock

Board of

pavilion for the Seminole County High School in

$

Education

Seminole County

10,000

Columbus Consolidated Government

Contract for services with Port Columbus Civil War Navel in Columbus Muscogee County

$ 100,000

City of Avondale Improvements at Lake Avondale and construction of

Estates

walkway over dam in the City of Avondale

$ 25,000

Dublin City Board of Education

Renovation of bathroom facilities at Shamrock Bowl in

the City of Dublin

$

5,000

City of Dudley Funding for Centennial Celebration in the City of Dudley

$ 2,500

Laurens County

Three automatic entry and exit doors for Dublin Laurens County Library in Laurens County

$

5,000

TUESDAY, MARCH 19, 2002

2165

Town of Dexter

Purchase equipment for Town of Dexter Volunteer Fire Department

$

5,000

City of East Dublin

Four Tennis Courts at Warnock Park in City of East Dublin

$ 10,000

City of Dudley Volunteer Fire Department equipment for the City of Dudley

$

5,000

Clayton County Enhancements for Jesters Creek Trail in Clayton County $ 25,000

Clayton County Park enhancements in East Clayton County

$ 25,000

City of Lake City

Recreation enhancements in Lake City

$ 25,000

Peach County Security gate for Peach County Law Enforcement Center $ 6,000

Long County

Purchase new car for the Long County Sheriff's Department

$ 10,000

Screven County

Playground equipment for rural communities of Screven County

$

10,000

Screven County Design of new jail for Screven County Sheriff's Department

$ 10,000

Screven County Fire fighting equipment for Screven County Fire Department

$ 50,000

DeKalb County Contract for services with IAM, Inc for after school tutoring/mentoring program in DeKalb County

$

5,000

Dooly County

Dooly County Recreation Department for maintenance and operation

$

10,000

Franklin County Franklin County Recreation Park

$ 15,000

2166

JOURNAL OF THE HOUSE

Columbus Consolidated Government

Contract for services with the Boys & Girls Clubs of Columbus for Columbus Muscogee County

$ 120,000

City of Decatur

Recondition bicycles and build yellow bike stations for public use in City of Decatur

$

5,000

Columbus Consolidated Government

Contract for services with Springer Opera House for Columbus Muscogee County

$ 150,000

City of Montrose Purchase equipment for the volunteer fire department in the City of Montrose

$

5,000

Laurens County

Purchase sexual abuse screening equipment for Stepping Stone program in Laurens County

$

25,000

Laurens County Construction of Weight Training Room for Health

Board of

Education at West Laurens High School in Laurens

Education

County

$ 10,000

Laurens County Purchase band uniforms for West Laurens High School

Board of

in Laurens County

$

Education

5,000

City of Dublin Operational funding for Welcome Center in City of Dublin

$ 5,000

Laurens County Construction of T-Hangars at the airport in Laurens County

$ 5,000

Dublin City Board of Education

Purchase band uniforms for Dublin High School in City

of Dublin

$

5,000

City of Jesup

Improvements to McMillan Greenway Park in the City of Jesup

$

5,000

Wayne County Equipment for the Wayne County Volunteer Fire Department

$ 10,000

TUESDAY, MARCH 19, 2002

2167

City of Homerville

Restoration of the Homer Maddox home in the City of Homerville

$

30,000

DeKalb County Improvements to Rock Chapel Park in DeKalb County $ 8,500

DeKalb County Purchase of art supplies for youth programs for Conyers/Rockdale Council for the Arts in Rockdale County

$ 7,000

City of Shellman Renovation to the health clinic in City of Shellman

$ 10,000

Jones County

General operation of the Jones County Recreation Department

$ 25,000

Burke County

Contract for services with CSRA-EOA/Burke County Head Start for Reading ReadinessProgram and children's $ library in Burke County

5,000

Bibb County

Contract for services with Adopt-A-Role Model in Bibb County

$

50,000

Bibb County

General operation of the Harriet Tubman Museum in Bibb County

$ 100,000

Walker County Renovations to the drivers license facility in Rock Spring $ 15,000

Columbus Consolidated Government

Contract for services with Metropolitan Columbus Task

Force for Columbus Muscogee County

$ 20,000

DeKalb County

Restore and protect Burnt Fork Creek and its watershed in DeKalb County

$

5,000

Town of Rentz

Laurens County Ambulance Service satellite station in the Town of Rentz

$

6,236

Treutlen County $2,000 per seven (3) Volunteer Fire Departments in Treutlen County Treutlen County

$ 6,000

Thomas County Contract for services with Marquerite Neel Williams Boys and Girls Club in Thomas County

$ 15,000

2168

JOURNAL OF THE HOUSE

Laurens County Recreational Equipment for Heart of Georgia

Board of

Psychoeducational Services in Laurens County

Education

$ 5,000

City of

Central heat/air for the Northside Community Center

Mount Vernon project in the City of Mount Vernon

$

5,000

Montogomery Purchase of rescue equipment for the Montgomery

County

County Emergency Management Agency

$ 5,000

City of Atlanta

Renovation of the Active Oval in Piedmont Park in the City of Atlanta

$

20,000

Baldwin County Funds for Baldwin/Oconee River Greenway Project in Baldwin County

$

10,000

City of Hahira

Purchase of books and research resources for the Hahira Public Library in City of Hahira

$

5,000

DeKalb County Contract for services with Bethel Enterprises, Inc to provide after school tutoring/mentoring program in DeKalb/Rockdale County

$ 4,500

DeKalb County Purchase band instruments for students at Stoneview

Board of

Elementary School in DeKalb County

$ 5,000

Education

Floyd County Board of Education

Construct memorial athletic field for 4th and 5th graders

at Pepperell Elementary in Floyd County

$

10,000

Walker County Renovations to the Walker County Courthouse in Lafayette

$ 15,000

Bibb County

Contract for services with the Middle Georgia Council on Drugs in Bibb County

$

20,000

Effingham County

Playground equipment for Clyo Community Park in Effingham County

$ 15,000

TUESDAY, MARCH 19, 2002

2169

Walker County Renovation of softball field for Rock Spring Athletic Association in Walker County

$ 15,000

Cobb County Board of Education

Purchase two copiers and to complete a playground for

the Brown Elementary School in Cobb County

$

5,000

Lanier County Board of Education

Band equipment for the Lanier County Schools

$ 6,000

Montogomery New fence at the Montgomery County Recreation

County

Department

$ 5,000

City of Nashville

Completion of phase 2 universally accessible playground in the City of Nashville

$

20,000

Berrien County Permanently mounted bleachers for Berrien County Recreation Complex

$ 20,000

Lanier County

Expansion of the Robert County

Simpson Nature Trail in Lanier

$

10,000

Montgomery County

Repair roof of High School

historic building

at

Montgomery County

$

10,000

City of Conyers Renovation of historic Bald Rock Church building in the Georgia International Horse Park in the City of Conyers $ for use as a community center

20,000

City of Sylvester

Renovation Sylvester

and

improvements

to

Jeffords

Park

in

City

of

$

10,000

City of Poulan Purchase fire and safety equipment for the City of Poulan

$ 5,000

City of Lithonia Restore or replace the recreational facilities at the existing city park in City of Lithonia

$ 5,000

2170

JOURNAL OF THE HOUSE

Cobb County Board of Education

Purchase computers, physical ed equipment and provide summer programs at Griffin Middle School in Cobb $ County

5,000

Cobb County Board of Education

Purchase computers and printers at Nickajack Elementary in Cobb County

$ 5,000

Cobb County Board of Education

ESOL materials and tech support staff member for Floyd

Middle School in Cobb County

$

5,000

Cobb County Board of Education

Fund position for bi-lingual family services coordinator

at Birney Elementary School in Cobb County

$

5,000

City of Acworth Renovations of Historic House at Logan Park Horse Farm in the City of Acworth

$

5,000

City of Kennesaw

Construction of Pedestrian in The City of Kennesaw

Crossing

under

CSX

Railroad

$

5,000

DeKalb County Program assistance for Browns Mill Park/DeKalb Yellow Jacket Football/Cheerleading Programs in DeKalb County

$ 10,000

City of Alamo Purchase of a sewer jet machine for the City of Alamo $ 10,000

Colquitt County

Improvements in the Culbertson Community Volunteer Fire Department in Colquitt County

$

10,000

City of Villa Rica Recreation Department projects for the City of Villa Rica

$ 10,000

City of Temple Recreation Department projects for the City of Temple $ 10,000

City of Lyons Paving for additional parking spaces at the Lyons Recreation Department in City of Lyons

$ 5,000

TUESDAY, MARCH 19, 2002

2171

DeKalb County Contract with Robert Shaw Theme School for summer

Board of

program in DeKalb County

$

Education

5,000

City of Lakeland Creation of pedestrian bridge at Lake Erma in City of Lakeland

$

10,000

Hancock County Funds needed to purchase firefighting equipment and supplies for Sparta/Hancock CountyFire Department

$ 10,000

Town of Sumner Improvements to Town of Sumner auditorium for civic and educational purposes

$

10,000

City of Flemington

Construct sidewalks near Joseph Martin Elementary School in City of Flemington

$ 30,000

City of Warwick Purchase radio and law enforcement equipment for police vehicles for the City of Warwick

$ 5,000

City of Ashburn Purchase playground equipment for recreation area in West Ashburn in the City of Ashburn

$

15,000

Fulton County Board of Education

Outdoor classroom at the Taylor Road Middle School in

Fulton County

$

15,000

Cobb County Laptop computers and books for the media center at

Board of

Norton Park Elementary in Cobb County

$ 5,000

Education

Cobb County Board of Education

Computers and books needed for technology media center at Campbell High School in Cobb County

$ 5,000

Columbus Consolidated Government

Contract for services with Combined Communities of S.E. Columbus for tutorial program for at-risk youth $ 10,000

City of Atlanta

Provide for revitalization of Reynoldstown Community in the City of Atlanta

$

15,000

2172

JOURNAL OF THE HOUSE

Houston County Contract for services with Kid's Journey Board of Education

$ 5,000

Hall County Create walking trail in Tadmore Park in Hall County $ 15,000

City of Gainesville

Improvements to athletic fields at Memorial Park Road campus of Boys and Girls Club of Gainesville

$

10,000

City of Kingston Improvements to city park, recreation and museum in the City of Kingston

$ 20,000

City of Rockmart Improvements to the little league field and equipment in the City of Rockmart

$

25,000

City of Aragon Recreation improvements for the City of Aragon

$ 25,000

City of Cedartown

Purchase lighting for the Cedartown Auditorium

$ 25,000

City of Euharlee` Recreation and park improvements for the City of Euharlee

$ 20,000

Polk County Purchase van for the Polk County Boys and Girls Club $ 20,000

City of Vidalia

Improvements to walking trail at the Ed Smith Complex in Vidalia County

$

5,000

Carroll County Establish a symphony orchestra in Carroll County

$ 25,000

Heard County Recreation department projects for Heard County

$ 15,000

Carroll County Remodeling, expanding, and upgrading the Carroll County Agriculture Education Center

$ 20,000

City of Norman Park

Replace tanker truck tank for the Norman Park Volunteer Fire Department in the City of Norman Park

$ 10,000

Turner County

Repairs, design and renovation of official state symbol (peanut monument) in Turner County

$

5,000

TUESDAY, MARCH 19, 2002

2173

City of Ty Ty Improvements to central city park area in the City of TyTy

$

5,000

Cobb County

Install handicap ramps and handicap restroom upgrades for South Cobb Community Center in Cobb County

$

16,500

City of Sycamore Provide/improve lots and deteriorating buildings in the City of Sycamore

$

10,000

City of Austell Replace existing roof on Austell City Hall

$ 25,000

City of Centerville

Renovation to the current police station in the City of Centerville

$ 5,000

Walton County Contract for services with Bridge Services, Inc. for services to at-risk youth in Walton County

$ 15,000

Hall County Board of Education

Playground equipment for White Sulphur Elementary

School in Hall County

$ 10,000

DeKalb County Contract for services with the Frazer Center in DeKalb County

$ 30,000

Jeff Davis

Purchase equipment for food processing facility at

County Board of Jeff Davis High School in Jeff Davis County

Education

$ 5,000

City of Greensboro

Contract for services with Greensboro Downtown Development in the City of Greensboro

$ 10,000

Polk County

Contract for services with Children's Advocacy Group in Polk County

$

25,000

Columbia County

Field Improvements for Martinez Evans Little League in Columbia County

$

10,000

Columbia

Outdoor classroom for the Westmont Elementary

County Board of in Columbia County

Education

$ 5,000

2174

JOURNAL OF THE HOUSE

Columbia

Athletic Improvements for the Greenbriar High School

County Board of in Columbia County

$

Education

10,000

Columbia

Athletic improvements for Lakeside High School in

County Board of Columbia County

Education

$ 10,000

City of Eatonton Renovation of the historic Madison Avenue School in City of Eatonton

$ 15,000

Greene County

Equipment and display cases at Arts Gallery in Greene County

Abram

Colby

Decorative

$

2,000

Putnam County New band equipment for the Putnam County High

Board of

School

Education

$ 8,000

Greene County Renovation of historic old jail in Greensboro for museum in Greene County

$ 15,000

Wheeler County Equipment for Wheeler County Recreation Department $ 5,000

Wheeler County Building materials for Springhill Fire Department in Wheeler County

$ 5,000

Columbus Consolidated Government

Contract for services with Community Health Center of

South Columbus, Inc.

$ 10,000

Warren County Purchase public safety equipment for Sheriff's Department and fire personnel in Warren County

$ 15,000

Henry County Board of Education

Purchase books and other media items for Cotton Indian

Elementary in Henry County

$

5,000

City of Tifton Repairs, improvements and equipment for historic downtown Tift Theater in City of Tifton

$ 5,000

TUESDAY, MARCH 19, 2002

2175

Fulton County Board of Education

Create science lab at Finidley Oaks Elementary School in Fulton County

$ 15,000

Fulton County

Construction of an outdoor environmental classroom at Abbots Hill Elementary School in Fulton County

$

15,000

City of Social Refurbish concession stand building and pavilion at

Circle

Stephens Park in the City of Social Circle

$ 5,000

Worth County Improvements and repairs to Gordy and Redrock fire station/voting precinct in Worth County

$ 15,000

Walton County

Purchase and install playground equipment at Matthews Park in north Monroe

$

5,000

Stephens County Purchase two used vehicles for the Toccoa Rehabilitation Ind., Inc, in Stephens County

$ 31,600

DeKalb County Building and grounds improvements for Murphey Candler

$ 5,000

DeKalb County Field renovation for girls softball field at Murphey Candler Park in DeKalb County

$ 5,000

City of Sylvania Repair to Community Center in the City of Sylvania $ 35,000

Screven County Maintenance and operational cost of the Newington Community House in Screven County

$ 3,000

Jeff Davis County

Create film and video library at Hazelhurst/Jeff Davis County Museum

$

10,000

Jeff Davis County

Assist Jeff Davis County with economic development $ 25,000

Floyd County

Provide driveway accessibility for ASL Archer Co Plant in Floyd County

$

20,000

2176

JOURNAL OF THE HOUSE

Columbia County

Sheriff's Office Summer Camp program in Columbia County

$ 15,000

Polk County Provide equipment for the Polk County Fire Department $ 40,000

Columbia Board of Education

Athletic Improvements for Evans High School in Columbia County

$ 10,000

Columbia Board of Education

Technology improvements for Blue Ridge Elementary in

Columbia County

$

5,000

Putnam General Medical records retention, storage and retrieval system

Hospital

for the Putnam General Hospital in Putnam County

$

Authority

20,000

Oglethorpe County Board of Education

Planning and startup funding for Agricultural Center in

Oglethorpe County

$

10,000

Augusta/ Richmond County

Expand operation of the Augusta/Richmond County

Animal Control

$ 5,000

Randolph

Purchase precision air rifles for JROTC program at

County Board of Randolph/Clay High School in Randolph County

Education

$ 5,000

Muscogee

Construct a rope bridge site for competitive preparation

County Board of of Raider's Team. Freedom Fighters Cultural Art

$

Education

Program expand character education program

10,000

Columbus Consolidated Government

Contract for services with Men of Action, Inc. for programs at Farley Homes in Columbus

$ 15,000

Columbus Consolidated Government

Athletic field renovations at North Gwinnett High School in Gwinnett County

$ 20,000

TUESDAY, MARCH 19, 2002

2177

Clinch County

Purchase computer and research resources for Huxford Genealogical Library in Clinch County

$

15,000

Town of Rebecca Purchase Christmas lighting for the City of Rebecca $ 3,000

Newton County Enhancements to B.C.Crowell Park and ballfield in the City of Porterdale

$

5,000

Newton County Construction of tennis courts for Eastside High School

Board of

in Covington

$

Education

20,000

City of Keysville Contract with Gough Improvement Asso., Inc. for renovation of community center in Columbus

$ 10,000

City of Sardis Purchase surveillance cameras for the City of Sardis Police Department.

$

5,000

Stephens County Purchase office furniture for newly renovated Toccoa Armory In Stephens County

$

5,600

White County Refurbish athletic fields -- grass, etc. in White County $ 22,000

Decatur County Renovation of building for crime scene processing laboratory in Decatur County

$ 10,000

Decatur County Renovation of building for crime scene processing laboratory in Decatur County

$ 6,000

City ofAtlanta Purchase vehicle to transport program recipients for Antioch Urban Ministries in the City of Atlanta

$ 48,000

City of Atlanta

Contract for services with West Fulton Family Support Center in the City of Atlanta

$

52,500

City of Franklin Professional service to codify City ordinances Springs

$ 5,000

2178

JOURNAL OF THE HOUSE

Baker County Contract with Georgia Empowerment and Resource Services, Inc. to promote growth and development of $ 10,000 business in Baker County

Baker County Board of Education

Provide support Baker Elementary PTA in Baker County $

2,000

City of Atlanta

Child care program and classroom conversion at the Butler St YMCA/Westside Branch in the City of Atlanta

$

15,000

City of Tifton Construction of water line in the City of Tifton

$ 15,000

City of Hinesville

Contract for services with Eleven Black Men of Liberty County, Inc.

$

5,000

Hancock County Develop hydroponic garden at M.E. Lewis Elementary

Board of

in Hancock County

$

Education

4,000

City of Homerville

Expansion of softball field in City of Homerville

$ 10,000

Newton County Enhance, purchase, install playground equipment for West Newton Elementary School in Newton County

$

7,500

Cobb County

Purchase of playground equipment for Young Family Community Resource Center in Cobb County

$ 15,000

City of Oxford Enhancement of city park adjacent to City Hall in the City of Oxford

$

6,000

Cobb County Provide for computer software and training for Cobb

Board of

County for Cobb County Board of Education

$ 6,488

Education

City of Midville Move building, remodeling and rent for Midville Community Development Outreach in City of Midville

$

10,000

Stephens County Create two multi media computer centers for Liberty Elementary School. In Stephens County

$ 16,422

TUESDAY, MARCH 19, 2002

2179

Banks County Purchase of used van for the Banks County Senior Center

$ 20,000

City of Atlanta After school program at Joe E. Brown Middle School

Board of

in the City of Atlanta

$ 20,000

Education

Dougherty County

Contract for services with Dougherty County Community Coalition for senior day care in Dougherty County

$ 10,000

City of Atlanta

Develop Total Wellness Program at Vine City Health & Housing Ministry in the City of Atlanta

$

15,000

City of Atlanta

Funds to feed and shelter homeless at Jericho Rd Project in the City of Atlanta

$

15,000

Greene County

Feasibility study to determine healthcare system options for Greene, Morgan, Putnam Region

$

10,000

Randolph County New student information system to replace OSIRS in the

Board of

Randolph County School System

$

Education

30,000

Randolph County Fund Star program in Randolph County Board of Education

$ 12,500

City of Newnan Purchase of hazardous material equipment for City of Newnan Fire Department

$

5,000

City of Dawson Heating, air conditioning and rewiring of historic Carnegie Library in the City of Dawson

$ 10,000

City of Atlanta

Contract with Kids in Discovery of Self to maintain office and staff to continue and promote organization in $ the City of Atlanta

25,000

Fulton County Purchase of computers and software for the Harriett G. Darnell Multi-purpose facility in Fulton County

$ 25,000

2180

JOURNAL OF THE HOUSE

City of Plains Repairs to City of Plains wastewater treatment plan

$ 30,000

Gwinnett County Renovation of Athletic facilities at Duluth High School

Board of

in Gwinnett County

$

Education

20,000

Fannin County Board of Education

Purchase educational supplies for West Fannin Elementary in Fannin County

$ 10,000

City of Crawfordville

Renovation of City Hall/Welcome Center in the City of Crawfordville

$

10,000

Glascock County Complete renovation of Courthouse Annex in Glascock County

$

10,000

Cobb County Board of Education

Construct bleachers on softball field and on visitor's side

of baseball field at Osborne High School in Cobb

$

County

15,000

Rabun County Equipment for the Rabun County Recreation Department $ 25,000

Union County Funds for a new jail in Union County

$ 30,000

City of Keysville Improvements to City of Keysville City Hall to make it handicapped accessible

$

15,000

Dougherty

Contract for services with So. Albany Family

County

Enrichment Ctr to encourage business growth and

Commissioners development in Dougherty County

$ 5,000

Dougherty County Commissioner

Shelter and feed the homeless at Zion's Outreach Program in Dougherty County

$ 5,000

City of Colquitt Contract with Colquitt Miller Arts Council for cultural programs in City of Colquit

$

25,000

City of Leary Purchase of playground equipment for the City of Leary $ 5,000

TUESDAY, MARCH 19, 2002

2181

Lee County

Repair old fire station which is being converted to Redbone Library in Lee County

$ 16,000

City of

Repair drainage problems at Pioneer Farm tourist

Andersonville attraction in the City of Andersonville

$ 20,000

City of Arlington Build a city/county volunteer firehouse in the City of Arlington

$

7,000

Chattahoochee County Board Of Education

Purchase furniture, equipment and supplies for Chattachoochee County Board Of Education

$ 25,000

City of Richland

Renovations of Scape Project

downtown

City

of

Richland

for

the

Street

$

10,000

City of Blairsville Restoration of City Hall in the City of Blairsville

$ 10,000

Perry Downtown Land acquisition and improvements for the Perry Development Downtown Development Authority Authority

$ 100,000

City of Perry

Provide funds to Upton Perry Partnership for the Big Indian Creek Development in the City of Perry

$ 50,000

Houston County Materials snd supplies for the Houston County Library $ 25,000

Houston County Purchase equipment for the Henderson Volunteer Fire Department in Houston County

$

25,000

Stephens County Operating funds for the Stephens County Library Commission

$ 20,000

Telfair County Recreation funding for Telfair County

$ 25,000

Dodge County Board of Education

Bus driver break room improvement for Dodge County

Board of Education

$

3,000

2182

JOURNAL OF THE HOUSE

Wheeler/Telfair Planning and development money for Wheeler Airport Authority County/Telfair Airport Authority

$ 5,000

City of Alamo Fire station construction in City of Alamo

$ 20,000

Fannin County Purchase gravel to extend parking for Fannin County

Board of

Head Start program

$

Education

5,000

City of Braselton Homeland Security funds for the City of Braselton

$ 5,000

City of Newnan City of Newnan Downtown Economic Development Project.

$ 20,000

City of Valdosta

Contract with LAMP, Inc to provide transitional housing program for women and children in City of Valdosta

$

5,000

Stephens County Purchase a 15 passenger van for the Stephens County 4-H program

$

38,000

City of Keysville Contract for services with Beyond The Ark Outreach Ministries, Inc. for programs and services in City of Keysville

$ 15,000

City of Waynesboro

Replace/purchase new playground equipment, computer and educational materials for the Childcare Center in $ City of Waynesboro

5,000

City of Lavonia Purchase radio equipment for City of Lavonia Police Department

$ 12,000

Columbus Consolidated Government

Maintenance and operation of the Liberty Theater Inc. in

the City of Columbus

$ 150,000

Columbus Consolidated Government

Contract with Two Thousand Opportunities Inc. to provide jobs for at-risk youth and startup businesses in $ Columbus

60,000

TUESDAY, MARCH 19, 2002

2183

Columbus Consolidated Government

Contract with 100 Black Men of Columbus for youth mentoring program in the City of Columbus

$ 20,000

Columbus Consolidated Government

Contract for services with Project Rebound for community based intervention program for students at- $ risk in Columbus

40,000

Columbus Consolidated Government

Recreation grant to assist with recruitment of youth and student activities for recreation department and South $ Commons/FCC, Inc.

50,000

Dodge County

Equipment money for the Plainfield fire department in Dodge County

$

3,000

Bleckley County Athletic improvements for Bleckley County High School

Board of

$

Education

10,000

Laurens County Improvements for Cedar Grove Community Center in Laurens County

$

10,000

Bleckley County Bleckley County Development Authority Construction

Development Project

$

Authority

25,000

Eastman/Dodge Construction project for Eastman/Dodge Development

Development Authority

$

Authority

25,000

City of Lenox

Remodel restrooms of the RESA facility in the City of Lenox

$

15,000

Glynn County

Installation of outdoor lighting for the Animal Control Facility in Brunswick

$

5,000

City of Valdosta

Purchase furniture, equipment Library in Valdosta

and

supplies

for

Southside

$

5,000

2184

JOURNAL OF THE HOUSE

DeKalb County Contract for services with South DeKalb Improvement Initiative to staff and supply SLAM Saturday tutorial $ sessions

45,000

City of Smyrna Complete Veterans Memorial in the City of Smyrna $ 35,000

City of Chickamauga

Renovations to the downtown area of Chickamauga for a Beautification Project

$

15,000

Bibb County General operation of The Hay House in Bibb County $ 50,000

City of Atlanta

Fund a littoral shelf for the lake at Piedmont Park in the City of Atlanta

$

10,000

Banks County Board of Education

Purchase band uniforms for the Banks County High School

$ 30,000

Crawford County Contract with Boys and Girls Club of Peach County for building improvements

$

5,000

City of Clarkston Contract for services with Khadijaland, Inc. for cultural exchange program in the City of Clarkston

$

10,000

City of Kite

Improvements and equipment for recreation complex in the City of Kite

$

5,000

City of Wrightsville

Purchase equipment for fire department in the City of Wrightsville

$

15,000

City of Wrightsville

Improvements to West View Cemetery in the City of Wrightsville

$ 10,000

DeKalb County Purchase library books for Hambrick; Idlewood; Stone

Board of Education

Mill; Shadow Rock; Pine Ridge; Redan; Wynnebrooke; Stephenson Middle; Stephenson H.S.; Stone Mountain

$

H. S.; Smoke Rise in DeKalb County

Dekalb County Contract for services with Green Forest Community Development, Inc. for a Pre-School/Early Childhood $ Technology Program in DeKalb County

11,000 35,000

TUESDAY, MARCH 19, 2002

2185

Augusta/ Richmond County

Technology computer center within the Barton Village

Community in Augusta-Richmond County

$ 10,000

Heard County Board of Education

Purchase two computer labs at Centralhatchee and Ephesus Elementary Schools in Heard County

$ 15,000

Johnson County Purchase equipment, renovate and repairs at the Senior Citizen Center in Johnson County

$

5,000

City of Montezuma

Replace roof of Montezuma City Hall

$ 40,000

Dekalb County Contract for services with Oakhurst Medical Center for a

Stroke, Diabetes Education/prevention program in

$

DeKalb County

15,000

Dekalb County Lighting for Shoal Creek Park on McAfee Drive in DeKalb County

$ 10,000

Dekalb County Neighborhood Clean/Beautiful Programs for White Oak

Hills, Midway Woods, Belvedere Civic and Toney

$

Valley Civic Associations in DeKalb County

2,000

DeKalb County Contract for services with the South DeKalb Improvement Initiative for tutorial programs in DeKalb $ County

30,000

Augusta/ Richmond County

Contract for services with Augusta African/American Historical Community in Augusta/Richmond County to $ identify historical locations

10,000

Augusta/ Richmond County

Contract for services with Shiloh Comprehensive Community Center in Augusta/Richmond County

$ 5,000

Heart of Georgia Provide youth programs and airshow at the Heart of Airport Authority Georgia Airport Authority

$ 10,000

2186

JOURNAL OF THE HOUSE

Telfair County Board of Education

Athletic facility improvements for Telfair County High

School

$

10,000

Dodge County Dodge County Courthouse renovation

$ 5,000

Crawford County Purchase equipment for volunteer fire department for Crawford County

$

6,500

Troup County Board of Education

Create summer Driver's Ed Program for Troup County

students

$

25,000

Ware County Ware County Senior High Band trip to Thanksgiving

Board of

Day in Philadelphia

$

Education

5,000

City of Nahunta

Construction improvement and equipment at City Hall in the City of Nahunta

$

10,000

Pierce County Purchase equipment for Pierce County

$ 2,000

Cobb County Board of Education

Purchase of lockers for the football field house at Kell

High School in Cobb County

$ 10,000

Augusta/ Richmond County

Contract for services with Beulah Grove Community Resource Center in Augusta/Richmond County

$ 10,000

Augusta/ Richmond County

Contract services with Augusta/Richmond Opportunities

in Augusta/Richmond County

$

5,000

Augusta/ Richmond County

Contract for services with Neighborhood Improvement

Programs in Augusta/Richmond County

$

5,000

Haralson County Contract services for Family Connections Haralson County

$ 25,000

TUESDAY, MARCH 19, 2002

2187

Haralson County Contract services for Lamp Program in Haralson County $ 25,000

Peach County Roof repair at 911 Center in Peach County

$ 5,000

Brantley County Contract for services with Brantley County Historical Society for operation of library/museum

$

5,000

Charlton County Purchase recreation equipment for Charlton County

$ 5,000

Richmond

Fund landscaping projects at Terrace Manor Elementary

County Board of School and playground equipment

$

Education

5,000

Augusta/ Richmond County

Contract for services with Lucy Craft Laney Museum in

Augusta/Richmond County

$

5,000

Augusta/ Richmond County

Contract for services with Good Hope Social Services

Ministries for after-school enrichment and tutorial

$

programs in Augusta Richmond County

5,000

Augusta/ Richmond County

Contract for services with CSRA Transitional Center, Inc. for programs to combat juvenile delinquency in $ 10,000 Augusta/Richmond County

Brantley County Purchase of uniforms and equipment for the Brantley

Board of

County High School

$

Education

5,000

City of Homeland

Improvements to City of Homeland recreation department walking track and ballfields

$ 5,000

Bacon County

Purchase 4-H equipment and supplies for Bacon County Extension Service

$

2,000

Pierce County

Improvements to Lakeview Community Center in Pierce County

$

5,000

City of Patterson Purchase office equipment for the City of Patterson

$ 5,000

2188

JOURNAL OF THE HOUSE

Wayne County

Construction improvements at Ritch voting precinct in Wayne County

$

5,000

DeKalb County Contract for service with South DeKalb Improvement Initiative for senior adult services in DeKalb County

$

20,000

City of Folkston

Promote tourism of Folkston

and

downtown

revitalization

in

the

City

$

5,000

Richmond

Purchase equipment and furnishings for use in the

County Board of Technical Education Program at Glenn Hills High

Education

School in Richmond County

$ 10,000

Richmond

Landscaping projects and playground equipment at

County Board of Terrace Manor Elementary School in Richmond County $

Education

5,000

Monroe County School building renovations for Community Wellness

Board of

Center in Monroe County

$ 15,000

Education

Clay County

Planning, mapping, addressing and implementing of enhanced 911 system in Clay County

$ 15,000

City of Blackshear

Purchase equipment for multi purpose facility in the of Blackshear

City

$

5,000

Brantley County Brantley County Intergovernmental Relations Office $ 5,000

Pierce County Board of Education

Purchase band uniforms for Pierce County Band Boosters

$ 5,000

City of Hoboken Recreation Park Improvements for the City of Hoboken $ 5,000

City of Alma

Improvement for Martin Luther King Park in the City of Alma

$

10,000

Jasper County Board of Education

Lighting for high school baseball/softball fields in Jasper

County

$

35,000

TUESDAY, MARCH 19, 2002

2189

Town Of Shady Building improvements for Town of Shady Dale City

Dale

Hall

$

20,000

Jones County

Purchase firefighting equipment for firetank in Jones County Volunteer Fire Department

$

5,000

Johnson County Rural fire department improvements and equipment purchases in Johnson County

$ 15,000

Brantley County Brantley County travel expense fund

$ 5,000

Bacon County Improvements at Bacon County Recreation Department $ 5,000

Monroe County Purchase/Installation of Cardiac Monitoring System, or

Hospital

Communications system, or other improvements at

$

Authority

Monroe County Hospital

25,000

Dooly County Replace fire truck for City of Byromville and Dooly County

$ 30,000

Henry County Purchase new books for Austin Road Middle School

Board of

Library in Henry County

$ 5,000

Education

Henry County Board of Education

Purchase equipment for the Health/Physical Education Department at Austin Road Middle School in Henry $ County

5,000

Chatham County Restoration and repair of the Greenbriar Children's Center, Inc. in Chatham County

$ 35,000

Quitman County

Planning, mapping,addressing and implementation of an enhanced 911 system in Quitman County

$

10,000

City of Buchanan

Contract services for City of Buchanan/Haralson County Library

$

50,000

City of Tallapoosa

Recreation funds for City of Tallapoosa

$ 20,000

2190

JOURNAL OF THE HOUSE

City of Buchanan Recreation funds for the City of Buchanan

$ 20,000

City of Bremen Recreation funds for the City of Bremen

$ 20,000

Haralson County Recreation funds for Haralson County Recreation Department

$ 20,000

City of Swainsboro

Repairs, renovations, and supplies for animal shelter in City of Swainsboro

$

5,000

Henry County

General repair and maintenance of shelter facilities at A Friend's House in Henry County

$

10,000

Cobb County Board of Education

Purchase and installation of 15 desktop computers for

Campbell Middle School in Cobb County

$ 25,000

Long County Purchase new Sheriffs Department car in Long County $ 5,000

Clayton County Support operation resources for Morrow High School in

Board of

Clayton County

$

Education

1,000

City of Plains Purchase a vehicle for City of Plains

$ 15,000

City of Cochran Airport Improvements City of Cochran

$ 10,000

City of Eastman Building project for Eastman Developmental Authority $ 25,000

City of Swainsboro

Improvements to recreation complex in City of Swainsboro

$ 15,000

City of Swainsboro

Renovations to City of Swainsboro City Hall

$ 10,000

DeKalb County Board of Education

Library books for Kelly Lake Elem., Meadowview Elem.,

Tilson Elem., Gresham Park, Cedar Grove Elementary,

Cedar Grove Middle, Flat Shoals Elementary, Sky Haven Grove Elem., Cedar Grove Middle, Flat Shoals Elem., Sky

$

Haven Elem., Leslie J. Steel Elem., McNair Middle,

McNair High and Cedar Grove High in DeKalb County

15,000

TUESDAY, MARCH 19, 2002

2191

City of Swainsboro

Repairs, renovations, and equipment for Emanuel County Arts Center in the City of Swainsboro

$ 5,000

Effingham

Furniture for new Ebenezer Middle School in Effingham

County Board of County

$

Education

10,000

Henry County Purchase office equipment for Henry County Sheriff's

Board of

Office

$

Commissioners

7,500

Union County

Contract for services with S.A.F.E., Inc.(Support in Abusive Family Emergencies program) in Union County

$

10,000

Chatham County Implementation of the Food and Butter Caf for Second Harvest Food Bank of Georgia. in Chatham County

$

25,000

Randolph County Purchase of four intoxilyzers for the Randolph County Sheriff's Department in Chatham

$

2,000

Board of Education

Extend Energy Management System for new elementary

school, new auditorium and middle school gym in

$

Towns County

20,000

Walker County Purchase computer technology equipment and JROTC

Board of

equipment for Lafayette High School in Walker County $

Education

5,000

Henry County Board of Education

Purchase books and other media items for Union Grove

High School in Henry County

$

5,000

City of Guyton City of Guyton gym renovation to heating and air conditioning.

$ 20,000

Effingham

Sand Hill Elementary School playground equipment for

County Board of disabled in Effingham County

$

Education

10,000

City of Valdosta Community Based Children's Advocacy Center in the City of Valdosta

$

10,000

2192

JOURNAL OF THE HOUSE

Coweta County Enhance Coweta County's Adult Literacy Program Board of Education

$ 10,000

Effingham County

Funding for Veterans' Park of Effingham County

$ 20,000

City of Valdosta Renovation to City of Valdosta's Oldest House, the Robert House

$ 15,000

Bryan County Flooring for the Pembroke Public Library in Bryan County

$ 5,000

Houston

Contract for services with Family Counseling Control of Central Georgia in Houston County

$

15,000

City of Dawson Computers and playground equipment for the City of Dawson

$ 10,000

City of Leesburg Weather alert system for the City of Leesburg

$ 20,000

City of Pembroke Old Jail" Welcome Center restoration in the City of Pembroke

$ 10,000

City of Valdosta Repairs to Lowndes County Historical Society

$ 3,000

City of Norman Park

Purchase Police Department K-9 vehicle for the City of Norman Park

$

10,000

Grady County

Construct new cover for Thomas/Grady County Mental

Health Center for handicapped recreational outdoor

$

pavilion in Grady County

10,000

City of Valdosta Contract for services with the Valdosta Food Bank

$ 10,000

City of Valdosta Maintenance and repairs for Valdosta/Lowndes County Arts Commission

$

5,000

County of Emanuel

Upgrade rural fire departments in Emanuel County

$ 10,000

TUESDAY, MARCH 19, 2002

2193

Tift County

Purchase computers and pagers for Tift County Volunteer Fire Department

$ 10,000

City of Valdosta Contract with Valdosta Boys and Girls Club for after school programs in City of Valdosta

$

5,000

Grady County Renovation/improvements to Wayside Community Center in Grady County

$ 10,000

City of Concord

Funds to purchase Jaw of Life and 2 defibilators for the City of Concord

$

15,000

Clayton County Technology improvements for Carrie D. Kendrick

Board of

Middle School in Clayton County

Education

$ 5,000

Terrell County Restore the historic Terrell County Courthouse's 1892 Tower Clock and Tower Room

$

45,000

City of Bainbridge

Construction of handicap accessible sidewalks in the City of Bainbridge

$ 10,000

City of Concord Install early weather warning system for the City of Concord

$ 12,000

Seminole County Grounds improvement and paving at the Seminole Commission County Courthouse

$ 10,000

City of Atlanta Contract for services with David T. Howard National

Alumni Asso for substance abuse program in "Old

$ 25,000

Fourth Ward" in the City of Atlanta

Seminole County Agriculture Center and Livestock Building for the

Board of

Seminole County Board Of Education

Education

$ 20,000

City of Savannah Recreational/neighborhood improvements for Nottingham Park Community Association in the City of $ Savannah

10,000

2194

JOURNAL OF THE HOUSE

Decatur County Purchase fire fighting equipment for Decatur County $ 10,000

Decatur County

Purchase pick up truck for the Decatur County Sheriff's Department Deputy Auxiliary Force

$

10,000

City of Savannah Recreational/neighborhood improvements for Midtown Neighborhood Association in the City of Savannah

$

10,000

Clayton County Purchase books and technology for Pointe South

Board of

Elementary in Clayton County

Education

$ 5,000

Upson County

Purchase emergency response truck for Upson County Emergency Management Agency

$

10,000

Wilkes County Replace roof on Georgia State Patrol Post in Wilkes County

$ 10,000

City of Meansville

Construction of building to house fire truck for the City of Meansville

$

10,000

Lincoln County Building and equipment for the Loco Volunteer Fire Department in Lincoln County

$ 10,000

Wilkes County Landscaping at Georgia State Patrol Post in Wilkes County

$ 3,000

City of Savannah Recreational/neighborhood improvements for the East

Savannah Community Association in the City of

$

Savannah

5,000

City of Washington

Audio/Visual equipment for Washington/Wilkes Family Connection

$

10,000

Wilkes County Danburg Volunteer Fire Department building and equipment in Wilkes County

$ 10,000

Clayton County Purchase 15 passenger van for Rainbow House Emergency Shelter in Clayton County

$ 10,000

TUESDAY, MARCH 19, 2002

2195

DeKalb County Contract with Georgia Community Support and Solutions for services to emotionally disturbed children $ in DeKalb County

44,000

City of Twin City Purchase of equipment for fire department in the City of Twin City

$

10,000

City of Marietta Support "Gone with the Wind" Movie Memorabilia Museum in the City of Marietta

$ 10,000

Chatham County Contract for services with Coastal Association of Retarded Citizens in Chatham County

$ 20,000

Franklin County Paving for Franklin County High School Agriculture

Board of

Center

Education

$ 10,000

City of Savannah Contract for services with Alpha Kappa Alpha Sorority in the City of Savannah for after school and pregnancy $ prevention programs

7,000

Hart County Paving for Hart County Public Safety Training facility $ 10,000

City of Atlanta Contract for services with Cascade Job Training Initiative in the City of Atlanta

$ 15,000

Hart County

Emergency equipment (defibrillator) for Hart County Fire Department

$

8,000

City of Lavonia Lighting and fencing for the city park in City of Lavonia $ 20,000

Stewart County Purchase patrol car for Stewart County

$ 6,000

City of Canon Renovation and equipment for City of Canon City Hall $ 5,000

Decatur County

Construct an additional building for the Fowlstown Fire Department in Decatur County

$

1,000

Fulton County

Contract for services with Quality Living Services, Inc. in Fulton County

$

45,000

2196

JOURNAL OF THE HOUSE

City of Covington

Purchase voice stress analyzer tester for the City of Covington Police Department

$ 10,000

Douglas County Establish an emergency operations center for new Douglas County EMA

$ 7,000

Newton County Purchase band equipment for Cousins Middle School in

Board of

City of Covington

$

Education

10,000

City of Marietta Purchase and install security cameras in Marietta Middle

Board of

School

$

Education

20,000

Clayton County Purchase training tools, safety and office equipment for the Forest Park Athletic Assn in Clayton County

$

10,000

Douglas County Thermal Imaging Camera for the Douglas County Fire Department

$

10,000

Grady County Tennis courts for physical education at the Cairo High

Board of

School in Grady County

$ 10,000

Education

Clayton County Operating funds and HUD match for Calvary Refuge in Clayton County

$ 30,000

City of Savannah Contracts for services with Greenbriar Children's Center, Inc. in the City of Savannah for capital improvements $ on campus

10,000

City of Jakin

Construct stage adjoining the gazebo in the Jakin Park in the City of Jakin

$

6,000

Emanuel County Equipment and supplies for Franklin Memorial Library in Emanuel County

$

10,000

Grady County

Building construction and equipment purchases for the Midway Fire Department in Grady County

$

10,000

TUESDAY, MARCH 19, 2002

2197

City of Swainsboro

Downtown development for the City of Swainsboro

$ 20,000

Emanuel County Improvements to the Emanuel County Courthouse

$ 20,000

Clayton County Purchase software and peripherals for the Riverdale

Board of

Elementary School in Clayton County

Education

$ 5,000

Banks County Design health services for senior citizens in Banks Commission County

$ 15,000

City of Hampton Construction of softball field in the City of Hampton $ 15,000

Clayton County Replace playground equipment at Brown Elementary

Board of

School in Clayton County

Education

$ 10,000

Jenkins County Repair to the Jenkins County Library

$ 10,000

Douglas County Summer remediation program for Douglas County

Board of

middle school students

Education

$ 10,000

City of Flovilla Recreation park development for the City of Flovilla $ 5,000

City of Tallulah Repair and correct water lines in the City of Tallulah

Falls

Falls

$ 10,000

Cobb County

Purchase of medical supplies for Smyrna Community Health Center in Cobb County

$ 12,000

City of Savannah Purchase supplies, tools and books for renovation projects at St. Paul Technical Center in the City of Savannah

$ 10,000

City of Clarkston Beautification project for the City of Clarkston

$ 10,000

City of Jonesboro

Provide for family park, walking track and restrooms in City of Jonesboro

$

15,000

2198

JOURNAL OF THE HOUSE

City of Metter Implementation of 911 service in the City of Metter/Candler County

$ 10,000

Athens/Clarke Provide for project Safe Campuses Now in

County

Athens/Clarke County

$ 30,000

City of Clayton Contract with Native American Warrior Society for aid to all disabled veterans and low income families in City $ of Clayton

10,000

Clayton County Weight room modifications and weight room equipment

Board of

at Lovejoy High School in Clayton County

$

Education

10,000

Randolph County

Complete final phase of voter/fire protection building for the rural area of Randolph County

$

18,000

City of Pine Lake Purchase maintenance equipment for the City of Pine Lake

$

20,000

Chatham County Contract for services with the Community Cardiovascular Council Inc. in Chatham County

$ 25,000

Chatham County Contract for services with the Anderson Cohen Weight

Lifting Center to provide specialized weight lifting equipment for severely disabled athletes in Chatham

$

County

25,000

City of Pine Lake Purchase equipment/software and provide training for GCIC compliance in the City of Pine Lake

$

30,000

Franklin County Building and equipment for Red Hill, Bold Springs, Double Churches, Five Acre, Lyons and Sandy Cross $ 20,000 Fire Departments in the Franklin County

Clayton County Support school operation resources for Mt. Zion

Board of

Elementary PTA in Clayton County

Education

$ 1,000

TUESDAY, MARCH 19, 2002

2199

City of Atlanta

Contract for services with Trinity House for services to homeless men in the City of Atlanta

$

25,000

DeKalb County Provide for comprehensive youth service program in Scottdale Community in DeKalb County

$ 15,000

City of Clarkston Start up of a Multi cultural Youth Soccer League for the City of Clarkston

$

10,000

Columbia County

Refurbish the historical Crawford Cemetery in Columbia County

$

15,000

DeKalb County Assist PTA honors programs at Snapfinger, Woodridge,

Board of

and Rainbow Elementary Schools in DeKalb County $

Education

2,000

DeKalb County Assist PTA with honors programs at Rowland, Atherton,

Board of

and Canby Lane Elementary Schools in DeKalb County $

Education

1,500

Augusta/ Richmond County

Contract for services with New Savannah Road Social

Services in Augusta/Richmond County

$ 40,000

City of Glennville

Purchase lights for softball field in City of Glennville $ 10,000

DeKalb County Assist PTA with honors programs at Glen Haven,

Board of

M.L.King Jr. High School, and Salam Middle School, in $

Education

DeKalb County

1,500

Evans County Enhancements to Industrial Park in Evans County

$ 10,000

Bibb County

Contract for services with the Ruth Mosely Center in Bibb County

$ 50,000

Wheeler County Renovations of the Wheeler County Senior Citizens Center

$ 4,000

2200

JOURNAL OF THE HOUSE

Tattnall County Contract for services with the East Collins Community

Center for after school program enhancements in

$

Tattnall County

10,000

City of Thunderbolt

Contract for services with the Thunderbolt Museum Society in the City of Thunderbolt

$ 10,000

City of Dublin

Stabilize the historic Fred Roberts Hotel Building which house Laurens County Senior Center in City of Dublin

$

5,000

City of Fort Valley

Community revitalization project for the City of Fort Valley

$ 12,000

DeKalb County Assist PTA repair/purchase band uniforms and

Board of

instruments at Southwest DeKalb High in DeKalb

Education

County

$ 6,000

DeKalb County Assist PTA to repair/ purchase band uniforms and

Board of

instruments for Columbia High School in DeKalb

Education

County

$ 6,000

Tattnall County Purchase equipment for the Tattnall County EMA

$ 10,000

Tattnall County Emergency medical equipment to enhance 911 system for Tattnall County

$

10,000

Lowndes County Purchase New Book Van for South Georgia Regional Library in Lowndes County

$

15,000

DeKalb County Assist PTA to repair/purchase band uniforms and

Board of

instruments for Towers High School in DeKalb County $

Education

6,000

Bibb County Courts

Contract for services with Macon/Bibb County Teen Court, Inc.

$ 10,000

DeKalb County Assist PTA organizations with honors programs at

Board of

Browns Mill, Bob Mathis and Miller Grove Elementary $

Education

Schools in DeKalb County

1,500

TUESDAY, MARCH 19, 2002

2201

Crawford County Purchase and install communication system in new Crawford County Courthouse

$ 10,000

Bulloch County Development and construction of athletic fields in

Board of

Bulloch County

Education

$ 10,000

City of Quitman New gym floor for the City of Quitman Recreation Department

$ 15,000

City of Menlo

Construct concrete sidewalk, curb/gutter and drainage in City of Menlo along SR 337

$

20,000

Bulloch County BOE

Development of nature trails and elevated boardwalks at Mill Creek Regional Park in Bulloch County

$

10,000

DeKalb County Contract for services with Black Women's Coalition of

Atlanta for tutorial, education and after school care

$

programs in DeKalb County

20,000

Chattooga County

Repair/renovation Chattooga County Government Buildings, Chattooga County Library and Chattooga County Civic Center

$ 12,500

Randolph County

Funding for a rural transportation system for Randolph County

$

14,000

Echols County Purchase eleven air pacs for the Echols County Volunteer Fire Department

$ 15,000

DeKalb County Assist PTA organizations with honors programs at Mary

Board of

McLeod Bethune Middle School and Chapel Hill Middle $

Education

School in DeKalb County

1,000

Wheeler County Fire fighting equiment for Stuckey Fire Department in Wheeler County

$

5,000

Treutlen County Purchase of a patching machine to repair county maintained roads in Treutlen County

$ 10,000

2202

JOURNAL OF THE HOUSE

Johnson County Renovation of recreation complex and purchase equipment in Johnson County

$ 10,000

Chatham County Construction of monument to the African-American heritage in Chatham County

$ 20,000

Chattooga County

Contract for services with The Children's Advocacy Center of Lookout Mtn Judicial Circuit in Walker County

$ 10,000

City of Quitman Athletic equipment for the City of Quitman Recreation Department

$

10,000

Floyd County Board of Education

Construct a multipurpose "Classroom in the Wild" building at Coosa Middle School in Floyd County

$ 12,500

DeKalb County

Beautification grants for district homeowners County

in DeKalb

$

30,000

DeKalb County Contract for services with Wonderland Gardens in DeKalb County

$ 20,000

City of Summerville

Purchase of AED for City of Summerville fire department.

$ 3,500

Fulton County Board of Education

Contract with K.I.D.D.S. Dance Project, Inc. in Fulton

County

$

10,000

Fulton County Board of Education

Contract with Connection, Inc. for victory over violence

activities in south Fulton County schools

$

10,000

DeKalb County Beautification projects at Worthington, Autumn Hills,

Emerald Estates, and Springwood communities in

$

DeKalb County

4,000

DeKalb County Beautification projects at PendleyHills, Sherrington, Spring Valley and The Crossing communities in DeKalb $ County

5,000

TUESDAY, MARCH 19, 2002

2203

DeKalb County Beautification projects at Easterwood, Columbia Valley, Columbia Crossing, Glenwood communities in DeKalb $ County

6,000

DeKalb County Beautification projects at Glen Mar, Leisure Valley,

Hidden Hills, and Rainbow Creek communities in

$ 4,000

DeKalb County

DeKalb County Beautification projects at Leslie Estates, Sherwood Oaks, Hunters Hill and Wyndam Park communities in DeKalb $ County

4,000

City of Stillmore Beautification project in the City of Stillmore

$ 2,500

City of Unadilla Renovation of old city buildings on Front Street in downtown City of Unadilla

$ 15,000

City of Hawkinsville

Maintenance and operation of the M.E. Rhoden Library in the City of Hawkinsville

$

12,000

City of Arabi

Maintenance and repairs for community service projects in the City of Arabi

$

12,000

City of Hawkinsville

Maintenance and operation of the Opera House in City

of

$

Hawkinsville

10,000

City of Pinehurst Purchase a maintenance truck for the City of Pinehurst $ 15,000

Crisp County Commission

Renovation of a county building to be used to start classes of Darton College in City of Cordele

$ 10,000

City of Harlem Purchase equipment for the Harlem Volunteer Fire Department in the City of Harlem

$ 5,000

Pierce County Funds for athletic venue in Pierce County

$ 25,000

City of Lafayette Piping and grading for drainage in the City of Lafayette $ 15,000

City of Rossville Historic Monument

$ 15,000

2204

JOURNAL OF THE HOUSE

Georgia Tech

Funding for a joint policy institute between Georgia Tech and Morehouse College

DeKalb County Arts Station Summer Program in DeKalb County

Richmond County

Equipment for Richmond County Marshal's Office

Columbus Consolidated Government

Provide Welcome Center in Columbus/Muscogee County

$ 75,000 $ 15,000 $ 15,000
$ 10,000

Coffee County Highway 441 Economic Development Council, Incorporated

$ 60,000

Columbus Consolidated Government

Contract with Kay Community Service Center for a sheltered workshop in Fort Valley

$ 48,000

City of Tybee Tybee Island Recreation Feasibility Study Island

$ 25,000

City of Tifton Utility project for the City of Tifton

$ 36,000

City of Lakeland Training equipment for the City of Lakeland

$ 8,000

City of Newnan Achievers International Programs in the City of Newnan $ 20,000

Decatur County Crime Scene Processing Building in Decatur County $ 16,000

City of Cairo Operation of theater in the City of Cairo

$ 10,000

Gwinnett County Creative Enterprises Georgia Mountain RDC Water Planning

$ 50,000 $ 45,000

City of Stone Mountain

ART Station program

$ 25,000

Lamar County Lamar County Ag Expo Center

$ 25,000

TUESDAY, MARCH 19, 2002

2205

Terrell County

Deceleration lane construction and related infrastructure at conservation resource center in Terrell County

$

25,000

Section 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2003 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 2003 shall not exceed 13.1%.

Section 44. 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 $2,300.24. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 45. Provisions Relative to Section 15, Department of Human Resources.
The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8

Standards of Need $ 235
356 424 500 573 621 672 713

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470

2206

JOURNAL OF THE HOUSE

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 46. 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 47. Provisions Relative to Section 24, 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

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Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.
Section 48. Provisions Relative to Section 30, 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, 2002.
Section 49. Provisions Relative to Section 31, 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 50. Provisions Relative to Section 34, 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. 2003.
Section 51. Provisions Relative to Section 36, 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

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payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 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.
Section 52. In addition to all other appropriations for the State fiscal year ending June 30,
2003, 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.

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Section 53. To the extent to which Federal funds become available in amounts in excess of
those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of 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 54. Each agency for which an appropriation is authorized herein shall maintain
financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

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Section 56. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 57. In accordance with the requirements of Article 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 58. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.

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(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 59. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 60. There is hereby appropriated a specific sum of Federal grant funds, said specific
sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 61. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $252,243,236 for
the following purposes: 1.) To provide a general salary adjustment of 2.25% not to exceed $1,800 for employees of the Judicial, Legislative and Executive branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2002 (includes state officials whose salary is set by Code and a 2.25 cost-ofliving adjustment for members of the General Assembly. 2.) To provide for a 3.25% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 2002. 3.) To provide for a 2.25% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 2002. 4.) In lieu of item 1 above, to provide a 3.25% funding level for merit increases for Regents faculty and

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support personnel with the amount of the appropriation for this purpose determined according to an effective date of fall semester 2002 for academic personnel and October 1, 2002 for non-academic personnel and to provide a 3.25% salary increase for public librarians with the amount of the appropriation for this purpose determined according to an effective date of September 1, 2002. 4.) In lieu of item 1, to provide for a 3.25% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 2002 and a 2.25% salary increase for support personnel with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2002. 5.) In lieu of item 1 above, to provide a 3.25% funding level for merit increases for Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to an effective date of fall semester 2002 for academic personnel and October 1, 2002 for non-academic personnel and to provide a 3.25% salary increase for public librarians with the amount of the appropriation for this purpose determined according to an effective date of September 1, 2002. 6.) To provide for a 2% one-time lump sum payment, to be delivered the first pay period following October 1, 2002, for Executive Branch employees who "exceed expectations" under compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 7.) In lieu of item 1, to provide for a structural adjustment of minimum and maximum rates on the Statewide Salary Plan by 3% and 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 determined according to an effective date of October 1, 2002. 8.) To recommend to the Teachers' Retirement System's Board of Trustees that a cost-of-living adjustment of 3.5% be granted for retired teachers. 9.) In lieu of item 1 above, to provide a 5% salary increase for Department of Motor Vehicle Safety employees in the License Examiner job class with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2002.. 10.) In lieu of item 1 above, to provide a 5% salary increase for Department of Public Safety employees in the Communications Officer job class with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2002.

Section 62. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 2003

$ 16,097,689,408

Section 63. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 64. All laws and parts of laws in conflict with this Act are repealed.

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The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1002 designating Representative Coleman of the 142nd as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 1002 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs 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

N Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall

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 N Joyce N Kaye N Keen N Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee Y McCall

Y Mueller N Muntean Y O'Neal 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 Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid Y Scott

Y 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor E 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

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Y Childers Coan
Y Coleman, B Y Coleman, T Y Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Wilkinson N Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 144, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Black of the 178th, Dean of the 48th and Heckstall of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1002 was ordered immediately transmitted to the Senate.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1669 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 142nd
Chairman
Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:

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2215

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1335 Do Pass, by Substitute HB 1435 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 905 Do Pass HR 975 Do Pass HR 1372 Do Pass

HR 1379 Do Pass HR 1380 Do Pass HR 1384 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 1379. By Representative Gardner of the 47th:
A RESOLUTION commending and congratulating Jarrett Horne and inviting her to appear before the House of Representatives; and for other purposes.

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HR 1380. By Representative Gardner of the 47th:
A RESOLUTION commending and congratulating Ruth Malhotra and inviting her to appear before the House of Representatives; and for other purposes.

HR 1384. By Representatives Buckner of the 95th, Stanley of the 50th, Manning of the 32nd, Seay of the 93rd, Holmes of the 53rd and others:
A RESOLUTION congratulating Martha McElveen Ezzard and inviting her to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1568. By Representatives Smith of the 175th, Hudson of the 156th, Skipper of the 137th, Burkhalter of the 41st, Turnquest of the 73rd and others:
A BILL to enact the "Natural Gas Consumers' Relief Act;" to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to allow 90 days for commission orders after a hearing regarding electric fuel cost recovery or adoption or amendment of natural gas capacity supply plans; to authorize the Public Service Commission to seek an injunction against the violation of any law administered by the commission or any rule, order, or regulation established by the commission; to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to revise extensively and comprehensively; and for other purposes.

The following Committee substitute was read:

A BILL
To enact the "Natural Gas Consumers Relief Act"; to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to allow 90 days for commission orders after a hearing regarding electric fuel cost recovery or adoption or amendment of natural gas capacity supply plans; to authorize the Public

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Service Commission to seek an injunction against the violation of any law administered by the commission or any rule, order, or regulation established by the commission; to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to revise extensively and comprehensively; to revise legislative findings and intent; to provide a bill of rights for consumers; to revise definitions; to provide for a continuing requirement of financial and technical ability for marketers; to provide that EMC gas affiliates are eligible to receive certificates of authority as marketers; to provide for terms and conditions governing the relationship between an electric membership corporation and its EMC gas affiliate; to provide for a reasonable method of rate design; to provide that a fee for distribution services shall not be required for certain billing periods; to change a provision relating to an electing distribution companys revenues from interruptible service; to authorize a surcharge on customers receiving interruptible service; to require a hearing relating to direct assignment of interstate capacity assets; to clarify and change provisions relating to changing marketers; to change a provision relating to the amount of deposits charged to natural gas consumers; to provide for additional circumstances when the commission is authorized to issue temporary directives to protect retail customers; to require an electing distribution company to cooperate with certificated marketers and the regulated provider; to provide for service quality standards for electing distribution companies, commission review of performance with regard to such standards, and penalties; to provide for rules governing marketers terms of service, disclosure by marketers, the contents of consumer bills, and review for compliance with such rules; to provide that certain consumer protection rules shall be self-executing; to delete a provision prohibiting refusal to sell gas by marketers in certain circumstances; to prohibit estimated bills, unreasonable late fees, and retroactive rate increases; to provide for filing changes in the terms and conditions for service with the commission and for the commissions authority related to such changes; to provide for a system for voluntary contributions to assist low-income residential consumers; to create the Natural Gas Consumer Education Advisory Board and provide for the duty, members, officers, appointment of members, and expenses of members of such board; to provide for a private right of action and for the application of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975"; to change certain provisions relating to the universal service fund; to provide for certain powers and purposes of electric membership corporations relating to natural gas; to provide for construction; to provide for selection of a regulated provider; to provide for the terms, conditions, rates, and customers for regulated gas services; to provide for reimbursements from the universal service fund in 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. This Act shall be known and may be cited as the "Natural Gas Consumers Relief Act."

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SECTION 2. Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended in Code Section 46-2-26, relating to use of fueladjustment tariffs, procedures for rate changes based solely on changes in fuel costs, the commissions power over rate changes pursuant to procedures or contracts approved by a federal regulatory agency, and disclosures required for utilities seeking rate changes, by striking subsection (e) and inserting in lieu thereof the following:
"(e) Following such hearing, the commission shall issue an order stating the base rates to be used by the utility during the next three consecutive calendar months, or until changed as provided in this Code section. Should the commission fail or refuse to issue such order by the forty-fifth ninetieth day after the utilitys filing, the base rates proposed by the utility shall thereupon be deemed adopted by operation of law."
SECTION 3. Said chapter is further amended by inserting a new Code section to be designated Code Section 46-2-95 to read as follows:
"46-2-95. The commission may bring a civil action to enjoin the violation of any law administered by the commission or any rule, order, or regulation established by the commission. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section."
SECTION 4. Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," is amended by striking Code Section 46-4-151, relating to legislative findings and intent, and inserting in lieu thereof the following:
"46-4-151. (a) The General Assembly finds:
(1) It is in the public interest to establish a new regulatory model for the natural gas industry in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the selection and provision of natural gas services at the most efficient pricing; and (2) In order to ensure the implementation of this new reliance on market based competition, any regulatory impediments, whether statutory or administrative, to competition for natural gas services must be removed in those areas of the natural gas industry where competition actually exists; (3) All consumers are entitled to receive natural gas service on reasonable terms and at reasonable prices; and (4) That protecting natural gas consumers in this new reliance on market based competition is the most important factor to consider in any decisions to be made in accordance with this article.

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(b) It is the intent of this article to: (1) Promote competition in the natural gas industry; (2) Protect the consumer during and after the transition to a competitive natural gas market; (3) Maintain and encourage safe and reliable natural gas service; (4) Deregulate those components of the natural gas industry subject to actual competition; (5) Continue to regulate those natural gas services subject to monopoly power; (6) Promote an orderly and expeditious transition of the natural gas industry toward fully developed competition; (7) Provide for rate-making methods which the General Assembly finds appropriate for the provision of natural gas services, including without limitation the use of straight fixed variable rate design, the recovery of certain stranded costs, and the use of alternative forms of rate regulation; and (8) Allow gas companies the opportunity to compete effectively in a competitive marketplace; (9) Provide a bill of rights for consumers as follows: (A) All consumers must have access to reliable, safe, and affordable gas service, including high quality customer service; (B) All consumers must have the right to receive accurate, easily understood information about gas marketers, services, plans, terms and conditions, and rights and remedies. The information must be unbiased, accurate, and understandable in a written form, which allows for comparison of prices and terms of service; (C) All consumers must receive the benefits of new services, technological advances, improved efficiency, and competitive prices; (D) Standards for protecting consumers in matters such as deposit and credit requirements, service denials and terminations, and deferred payment provisions must be applied fairly to all consumers; (E) All consumers must be protected from unfair, deceptive, fraudulent, and anticompetitive practices, including, but not limited to, practices such as cramming, slamming, and providing deceptive information regarding billing terms and conditions of service; (F) All consumers shall receive accurate and timely bills from their marketers; (G) All consumers are entitled to protection of their privacy and must be protected from improper use of their customer records or payment histories without their express consent; (H) All consumers must be protected from price increases resulting from inequitable price shifting; and (I) All consumers have the right to a fair and efficient process for resolving differences with marketers, including a system of internal review and an independent system of external review; and

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(10) Provide that, in the event of any conflict between paragraph (9) of this subsection and any other paragraph of this subsection, the provisions of paragraph (9) shall override such other paragraph or paragraphs."
SECTION 5. Said article is further amended by striking Code Section 46-4-152, relating to definitions, and inserting in lieu thereof the following:
"46-4-152. As used in this article, the term:
(1) 'Adequate market conditions' means the existence of market conditions in relation to distribution service within a particular delivery group that have been determined pursuant to subsection (b) of Code Section 46-4-156 to warrant customer assignment. (2) 'Affiliate' means another person which controls, is controlled by, or is under common control with such person. (3) 'Ancillary service' means a service that is ancillary to the receipt or delivery of natural gas, including without limitation storage, balancing, peaking, and customer services. (4) 'Commodity sales service' means the sale of natural gas exclusive of any distribution or ancillary service. (4.1) 'Consumer' means a retail customer of commodity sales service or of firm distribution service who uses such service or services primarily for personal, family, or household purposes. (5) 'Control' includes without limitation the possession, directly or indirectly and whether acting alone or in conjunction with others, of the authority to direct or cause the direction of the management or policies of a person. A voting interest of 10 percent or more creates a rebuttable presumption of control. A voting interest of 25 percent or more is deemed to constitute control. The term control includes the terms controlling, controlled by, and under control with. (5.1) 'Cramming' means billing for goods or services not requested or authorized by a consumer. (6) 'Customer assignment' means the process described in subsection (e) of Code Section 46-4-156 whereby retail customers within a particular distribution group who are not under contract for distribution service from a marketer are randomly assigned to certificated marketers. (7) 'Customer service' means a function related to serving a retail customer including without limitation billing, meter reading, turn-on service, and turn-off service. Notwithstanding any provision of law to the contrary, any person may perform one or more customer services without first becoming certificated in accordance with Code Section 46-4-153; provided, however, that such service may only be performed in compliance with all state and federal laws pertaining to the safety of natural gas pipelines and distribution systems and any other applicable safety standards.

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(8) 'Delivery group' means a set of individual delivery points on one or more interstate pipeline suppliers to a gas company that may be aggregated and utilized for the distribution of gas to a particular set of retail customers. (9) 'Distribution service' means the delivery of natural gas by and through the intrastate instrumentalities and facilities of a gas company or of a marketer certificated pursuant to Code Section 46-4-153, regardless of the party having title to the natural gas. (10) 'Electing distribution company' means a gas company which elects to become subject to the provisions of this article and satisfies the requirements of Code Section 46-4-154. (10.1) 'Electric membership corporation' or 'EMC' means any person defined in paragraph (3) or (5) of Code Section 46-3-171. (10.2) 'Electric utility' means any electric power company subject to the rate regulation of the commission in accordance with Code Sections 46-2-20 and 46-2-21. (10.3) 'Electricity activities' means all activities associated with the generation, transportation, marketing, and distribution of electricity. (10.4) 'EMC gas affiliate' means a separately organized person, the majority interest of which is owned or held by or, with respect to a cooperative, managed by one or more cooperatives or electric membership corporations and which applies to the commission for a certificate of authority pursuant to Code Section 46-4-153. (11) 'Firm' means a type of distribution service which ordinarily is not subject to interruption or curtailment. (11.1) 'Gas activities' means all activities associated with the transportation, marketing, and distribution of natural gas conducted by a person certificated pursuant to Code Section 46-4-153. Such term shall not mean the production, transportation, marketing, or distribution of liquefied petroleum gas. (12) 'Interruptible' means a type of distribution service which is subject to interruption or curtailment. (12.1) 'Low-income residential consumer' shall include any residential consumer of natural gas identified by the Department of Human Resources as eligible for public assistance in paying bills for natural gas service in accordance with Code Section 461-5. (12.2) 'Majority interest' means the ownership of 51 percent or more of:
(A) The partnership interests in a general or limited partnership; (B) The membership interests of a limited liability company; or (C) The stock in a for profit corporation which entitles the shareholder to vote and share in common or preferred dividends. (13) 'Marketer' means any person certificated by the commission to provide commodity sales service or distribution services pursuant to Code Section 46-4-153 or and ancillary services incident thereto. (14) 'Person' means any corporation, whether public or private; company; individual; firm; partnership; or association, including a cooperative or an electric membership corporation.

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(14.1) 'Regulated gas service' means gas service provided by a regulated provider of natural gas. (14.2) 'Regulated provider of natural gas' means the entity selected by the commission to provide to consumers natural gas commodity service and ancillary services incident thereto in accordance with Code Section 46-4-166. (15) 'Retail customer' or 'retail purchaser' means a person who purchases commodity sales service or distribution service and such purchase is not for the purpose of resale. (15.1) 'Slamming' means changing or causing a change of a consumers service from one marketer or provider to another marketer or provider without request or authorization from the consumer. (16) 'Straight fixed variable' means a rate form in which the fixed costs of providing distribution service are recovered through one or more fixed components and the variable costs are recovered through one or more variable components. (17) 'Winter heating season' means the calendar days from October 1 of one year through March 31, inclusive, of the following year."
SECTION 6. Said article is further amended in Code Section 46-4-153, relating to certificates of authority, by adding a new subsection (f) to the end thereof and by striking paragraph (1) of subsection (a) and striking subsection (d) and inserting in their respective places the following:
"(a)(1) No person other than a gas company or a regulated provider shall sell or offer to sell in intrastate commerce to any retail customer who receives primarily firm service within this state any commodity sales service or distribution service without first obtaining a certificate of authority from the commission covering the territory where such retail customer is located. Notwithstanding any provision of law to the contrary, any person selected by an electing distribution company, a certificated marketer, or a regulated provider may perform billing and meter reading services on behalf of such entity without first becoming certificated in accordance with the provisions of this Code section, provided that a certificated marketer or a regulated provider also submits the meter reading data so obtained to the electing distribution company in a timely manner." "(d) Any certificate of authority issued by the commission is subject to revocation, suspension, or adjustment where the commission finds upon complaint and hearing that a marketer has failed repeatedly or has failed willfully to meet obligations to its retail customers and consumers which are imposed by this article, regulations issued pursuant to this article, or the marketers certificate of authority; has engaged in unfair competition; or has abused its market position." "(f) All gas marketers are required to continue to possess financial and technical capability to render service and offer service pursuant to contractual terms and conditions the commission from time to time finds economically viable for delivery groups served. This is a continuing obligation and may be reviewed by the commission at any time."

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SECTION 7. Said article is further amended by inserting a new Code section to be designated Code Section 46-4-153.1 to read as follows:
"46-4-153.1. (a) Notwithstanding any other provision of this article or Article 4 of Chapter 3 of this title, the commission shall have authority to issue certificates of authority to an EMC gas affiliate but shall not have authority to issue certificates of authority to an electric membership corporation. The commissions order granting a certificate of authority to an EMC gas affiliate shall include terms and conditions to govern the relationship between the electric membership corporation and its EMC gas affiliate. The terms and conditions shall be designed to prevent cross-subsidization between the provision of electricity and the provision of natural gas services, to encourage and promote fair competition in the overall retail natural gas market, and to protect the privacy of both electric and natural gas consumers. (b) The order by the commission pursuant to this Code section shall include the requirements set forth in this subsection, as well as such other rules as the commission shall determine are necessary to protect electric and natural gas consumers and promote competition:
(1) To ensure that cross-subsidizations do not occur between the electricity services of an electric membership corporation and the gas activities of its gas affiliate, the terms and conditions ordered by the commission shall provide that each electric membership corporation having a gas affiliate shall:
(A) Fully allocate all electricity activities costs and gas activities costs, including costs for any shared services, between the electric membership corporations electricity activities and the gas activities of its gas affiliate, in accordance with the applicable uniform system of accounts and generally accepted accounting principles, as applicable; (B) Develop and maintain a cost allocation manual, approved by the commission, describing the electric membership corporations methods of cost allocation and such other information and policies reasonably required by the commission to ensure compliance with this article and the terms and conditions ordered by the commission. Such manual shall:
(i) Establish rules for the pricing of transactions between an electric membership corporation and its gas affiliate, including the transfer of assets between the two; (ii) Provide that any loans from the electric membership corporation to its gas affiliate shall be at market rates, shall not reflect rates which are generally available through the use of any tax exempt financing, and may not be tied directly or indirectly to any loans from the federal or state government; (iii) Require the electric membership corporation and its gas affiliate to maintain separate books of accounts and records which shall, subject to the commissions rules for treatment of trade secrets, be subject to production and inspection by the commission for the sole purpose of confirming compliance with this article, the

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cost allocation manual, and the terms and conditions of the gas affiliates certificate; and (iv) Require the annual filing of a statement with the commission certifying the compliance by the electric membership corporation and its gas affiliate with the approved cost allocation manual; and (C) Not charge any costs of the gas affiliate to the electricity customers of the electric membership corporation; and (2) To protect customer privacy and prevent the misuse of customer information, the terms and conditions ordered by the commission shall provide that no electric membership corporation shall release any proprietary customer information to its gas affiliate without obtaining prior verifiable authorization from the customer, as determined in accordance with rules established by the commission. (c) The commission may require that any customer service that an electric membership corporation provides to its gas affiliate be offered to all marketers at the same rate and on the same terms and conditions as provided to the gas affiliate. Any such services provided to the gas affiliate or marketers must be on a strictly confidential basis, such that the electric membership corporation does not share information regarding one marketer with any other marketer, including an EMC gas affiliate. (d) The terms and conditions shall accommodate the organizational structures of electric membership corporations. (e) To assure separate but coordinating governance of an electric membership corporation and its gas affiliate, the terms and conditions shall prohibit more than onehalf of the persons serving as members of the board of directors of a gas affiliate from at the same time serving on the board of directors of an electric membership corporation. (f) Notwithstanding anything to the contrary contained in this Code section, the commission shall make accommodation for the specific legal requirements imposed by state or federal laws applicable to electric membership corporations and other cooperatives."
SECTION 8. Said article is further amended by striking Code Section 46-4-154, relating to notice of election, unbundling, rates, and application requirements, and inserting in lieu thereof the following:
"46-4-154. (a) A gas company may elect to become subject to the provisions of this article by filing a notice of election with the commission and by filing an application to establish just and reasonable rates, including separate rates for unbundled services. Pursuant to such application, the commission shall:
(1) Maintain rates for interruptible distribution service at the levels set forth in the rate schedules approved by the commission and in effect on the day the gas company files a notice of election as provided for in this Code section;

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(2) After notice and hearing, establish Establish rates for firm distribution service using the straight fixed variable a reasonable method of rate design, subject to the provisions of subsection (b) of this Code section; which may, at the commissions discretion, include a straight fixed variable method of rate design; provided, however, that a consumer shall not be required to pay a fee for distribution service during any billing period when the consumers meter is turned off; (3) Establish separate rates and charges, which may be based on market value, for each type of ancillary service which is classified separately; (4) Provide for the recovery in rates of those costs which the commission determines are prudently incurred and used and useful in providing utility service; and (5) Provide for recovery of costs found by the commission to be stranded and necessary to provide a reasonable return, provided that only prudently incurred stranded costs that cannot be mitigated may be recovered. (b) If the commission determines that inefficiencies in the rate design or other causes in existence immediately preceding the implementation of the straight fixed variable rate design will result in a material fluctuation of rates for firm distribution service to a group of retail customers upon implementation of straight fixed variable rate design, the commission may make such adjustments to the rates for firm distribution service as it deems appropriate to phase in the straight fixed variable rate design for firm distribution service: (1) Over a 12 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be less than 10 percent of the total gas charges for a group of retail customers; or (2) Over a 24 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be equal to or greater than 10 percent of the total gas charges for a group of retail customers. However, in no event shall any such adjustment be made if the adjustment results in cross-subsidization between retail customers receiving firm distribution service and retail customers receiving interruptible distribution service or if the adjustment reduces the revenues to the electing distribution company for firm distribution service below those that would be recovered by the electing distribution company under the straight fixed variable rate without such adjustment. (c)(b) In any proceeding before the commission to establish rates as provided in subsection (a) of this Code section, the commission shall prescribe rates for the services and cost recovery purposes specified in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section at levels which are designed to recover the costs of service of the electing distribution company as established by the commission in such proceeding. In such proceeding, the commission shall also prescribe a mechanism by which 90 98 percent of the revenues to the electing distribution company from rates for interruptible distribution service shall be credited to the universal service fund established for that electing distribution company pursuant to Code Section 46-4-161. Each electing distribution company is authorized to retain for the benefit of its shareholders or owners 10 2 percent of the revenues the electing distribution company received from rates for

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interruptible service. Each electing distribution company which retains 10 2 percent of such revenues shall make a report to the commission annually describing the benefits resulting to firm retail customers from interruptible distribution service revenues. (d)(c) In addition to any other applicable filing requirements, any such application by a gas company shall include the following:
(1) An identification of each component of natural gas service, including but not limited to commodity sales service, distribution service, and ancillary services, which are to be unbundled and offered under separate rates, together with the total costs to provide each such service by the electing distribution company including a return on investment; (2) Provisions for offering each unbundled service on an equal access, nondiscriminatory basis; (3) A description of the method by which the electing distribution company proposes to allocate its intrastate capacity for firm distribution service to a marketer based upon the peak requirements of the firm retail customers served by the marketer; (4) A description of the method by which the electing distribution company proposes to allocate its rights to interstate pipeline and underground storage to a marketer based upon the peak requirements of the firm retail customers served by the marketer; and (5) A plan for establishing and operating an electronic bulletin board by which the electing distribution company will provide marketers with equal and timely access to information relevant to the availability of firm distribution service. (e)(d) Notwithstanding any other provision of this title, the commission shall hold a hearing regarding an application filed pursuant to this Code section and may suspend the operation of the proposed schedules and defer the use of the proposed rates, charges, classifications, or services for a period of not longer than six months. (e) The commission shall establish a surcharge on all customers receiving interruptible service over the electing distribution companys distribution system sufficient to ensure that such customers will pay an equitable share of the cost of the distribution system over which such customers receive service. The commission is authorized to direct the electing distribution company or the marketers to collect such surcharge directly from the customers. Such surcharge shall be paid promptly upon receipt into the universal service fund until the next time the commission determines the rates of the electing distribution company; thereafter, the surcharge shall go toward meeting the electing distribution companys revenue requirements; provided, however, that, at the discretion of the commission, a portion of such surcharge may be directed to the universal service fund."
SECTION 9. Said article is further amended in Code Section 46-4-155, relating to regulation of unbundled services and capacity supply plans, by striking subsection (e) and inserting in lieu thereof the following:
"(e)(1) As used in this subsection, the term 'interstate capacity assets' means interstate transportation and out-of-state gas storage capacity.

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(2) If, pursuant to the provisions of this article, the rates for commodity sales service of an electing distribution company within a delivery group or groups become no longer subject to the approval of the commission nor to the provisions of Code Section 46-2-26.5, the electing distribution company nevertheless shall continue to be responsible for acquiring and contracting for the interstate capacity assets necessary for gas to be made available on its system, whether directly or by assignment to marketers, for firm distribution service to retail customers within such delivery group or groups unless determined otherwise by the commission in accordance with this subsection. (3) At least every third year following the date when the rates for commodity sales service within a delivery group or groups become no longer subject to commission approval nor to the provisions of Code Section 46-2-26.5, the electing distribution company shall file, on or before August 1 of such year, a capacity supply plan which designates the array of available interstate capacity assets selected by the electing distribution company for the purpose of making gas available on its system for firm distribution service to retail customers in such delivery group or groups. (4) Not less than ten days after any such filing by an electing distribution company, the commission shall conduct a public hearing on the filing. The electing distribution companys testimony shall be under oath and shall, with any corrections thereto, constitute the electing distribution companys affirmative case. At any hearing conducted pursuant to this subsection, the burden of proof to show that the proposed capacity supply plan is appropriate shall be upon the electing distribution company. (5) Following such a hearing, the commission shall issue an order approving the capacity supply plan filed by the electing distribution company or adopting a capacity supply plan for the electing distribution company that the commission deems appropriate. Should the commission fail or refuse to issue an order by the forty-fifth ninetieth day after the electing distribution companys filing which either approves the capacity supply plan filed by the electing distribution company or adopts a different capacity supply plan for the electing distribution company, the capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law. (6) Any capacity supply plan approved or adopted by the commission shall:
(A) Specify the range of the requirements to be supplied by interstate capacity assets; (B) Describe the array of interstate capacity assets selected by the electing distribution company to meet such requirements; (C) Describe the criteria of the electing distribution company for entering into contracts under such array of interstate capacity assets from time to time to meet such requirements; provided, however, that a capacity supply plan approved or adopted by the commission shall not prescribe the individual contracts to be executed by the electing distribution company in order to implement such plan; and

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(D) Specify the portion of the interstate capacity assets which must be retained and utilized by the electing distribution company in order to manage and operate its system. (7) When interstate capacity assets that are contained in a capacity supply plan approved or adopted by the commission are allocated by the electing distribution company to a marketer pursuant to the provisions of this article, all of the costs of the interstate capacity assets thus allocated shall be borne by such marketer. (8) The provisions of law relating to parties, intervention, and discovery in proceedings before the commission shall apply with respect to proceedings under this subsection. (9) All commission orders issued pursuant to this subsection shall contain the commissions findings of fact and conclusions of law upon which the commissions action is based. Any such order shall be deemed a final order subject to judicial review under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (10) Prior to the approval or adoption of a capacity supply plan pursuant to this subsection, the interstate capacity assets of the electing distribution company in the most current gas supply plan of such company approved or adopted by the commission pursuant to the provisions of Code Section 46-2-26.5 shall be treated as a capacity supply plan that is approved or adopted by the commission for purposes of this subsection. (11) After a capacity supply plan has become effective pursuant to provisions of this subsection as a result of a proceeding before the commission, the commission shall retain jurisdiction of the proceeding for the purposes set forth in this subsection. Upon application of the affected electing distribution company or the consumers utility counsel division of the Governors Office of Consumer Affairs or upon its own initiative, the commission may, after affording due notice and opportunity for hearing to the affected electing distribution company and the intervenors in the proceeding, amend the capacity supply plan of the affected electing distribution company. Any such amendment shall not adversely affect rights under any contract entered into pursuant to such plan without the consent of the parties to such contracts. If an amendment proceeding is initiated by the affected electing distribution company and the commission fails or refuses to issue an order by the forty-fifth ninetieth day after the electing distribution companys filing, the amended capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law. (12) After an electing distribution company has no obligation to provide commodity sales service to retail customers pursuant to the provisions of Code Section 46-4-156 and upon the petition of any interested person and after notice and opportunity for hearing afforded to the electing distribution company, all parties to the most current proceeding establishing a capacity supply plan for such electing distribution company, the consumers utility counsel division of the Governors Office of Consumer Affairs, and all marketers who have been issued a certificate of authority pursuant to Code Section 46-4-153, the commission may issue an order eliminating the responsibility of

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the electing distribution company for acquiring and contracting for interstate capacity assets necessary for gas to be made available on its system as well as the obligation of such electing distribution company to file any further capacity supply plans with the commission pursuant to the provisions of this subsection, if the commission determines that:
(A) Marketers can and will secure adequate and reliable interstate capacity assets necessary to make gas available on the system of the electing distribution company for service to firm retail customers; (B) Adequate, reliable, and economical interstate capacity assets will not be diverted from use for service to retail customers in Georgia; (C) There is a competitive, highly flexible, and reasonably accessible market for interstate capacity assets for service to retail customers in Georgia; (D) Elimination of such responsibility on the part of the electing distribution company would not adversely affect competition for natural gas service to retail customers in Georgia; and (E) Elimination of such responsibility on the part of the electing distribution company is otherwise in the public interest. If the commission eliminates the responsibility of an electing distribution company for acquiring and contracting for interstate capacity assets and filing further capacity supply plans in accordance with this subsection, the commission shall annually review the assignment of interstate capacity assets. (13) Notwithstanding any other provisions in this Code section to the contrary, no later than July 1, 2003, the commission shall, after notice afforded to the electing distribution company, the consumers utility counsel division of the Governors Office of Consumer Affairs, and all marketers who have been issued a certificate of authority in accordance with Code Section 46-4-153, hold a hearing regarding a plan for direct or permanent assignment of interstate assets. After such hearing, the commission may adopt a plan for direct or permanent assignment of interstate capacity assets held by the electing distribution company, except for those interstate capacity assets reasonably required for balancing. If adopted, the plan shall provide for interstate capacity assets to be assigned to certificated marketers who desire assignment and who are qualified technically and financially to manage interstate capacity assets. Marketers who accept assignment of interstate capacity assets shall be required by the commission to use such assets primarily to serve retail customers in Georgia and shall be permitted to use such assets outside Georgia so long as the reliability of the system is not compromised. Thereafter, the commission shall annually review the assignment of interstate capacity assets."
SECTION 10. Said article is further amended in Code Section 46-4-156, relating to customer assignment; determination of adequate market conditions; notice to customers; petition proceedings; changes in marketers; and deposits, by striking paragraph (3) of subsection (b) and subsections (g) and (h) and inserting in lieu thereof the following:

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"(3) Subject to subsection (d) of this Code section and provided that all initial assignments of rights to intrastate capacity for firm distribution service, interstate pipeline, and underground storage by an electing distribution company to marketers, as necessary for marketers to initiate service to all firm retail customers with which they have contracted or to which they have been assigned as provided for in this Code section, whether by allocation pursuant to a tariff approved under paragraph (3) or (4) of subsection (d) (c) of Code Section 46-4-154 or by contract, are effective pursuant to the terms of such tariff or contract and, provided, further, that all initial assignments of rights under firm wellhead gas supply contracts by an electing distribution company to marketers, as necessary for marketers to initiate service to all firm retail customers with which they have contracted or to which they have been assigned as provided for in this Code section, by allocation pursuant to a tariff approved under Code Section 46-4-154 are effective pursuant to the terms of such tariff, an electing distribution company has no obligation to provide commodity sales service to retail customers." "(g) Notwithstanding any other provision of this article, a retail customer consumer shall be authorized to change marketers at least once a year without incurring any service charge relating to such change to an alternative marketer. No marketer shall charge any consumer a service charge relating to a change to an alternative marketer if such consumer has not changed marketers within the previous 12 months. Except as otherwise provided in a legally binding contract between the marketer and the consumer, no marketer shall require a notice period from a consumer if a consumer elects to change service to an alternative marketer. The commission shall investigate methods to expedite the electing distribution companys processes for switching consumers to the consumers preferred marketer and may enter appropriate orders to expedite switching consumers. (h) A marketer may require a deposit, not to exceed $150.00, from a retail customer consumer prior to providing gas distribution service to such customer; provided, however, that such deposit cannot exceed 100 percent of the customers average monthly bill based on past customer usage and current marketer prices consumer. A marketer is not authorized to require an increase in the deposit of a consumer if such consumer has paid all bills from the marketer in a timely manner for a period of three months. A marketer shall refund to any consumer who is not currently delinquent on payments to the marketer any deposit amount exceeding $150.00 within 30 days following the effective date of this subsection. In any case where a marketer has required a deposit from a retail customer consumer and such customer consumer has paid all bills from the marketer in a timely manner for a period of six months, the marketer shall be required to refund the deposit to the customer consumer within 60 days. In any event, a deposit shall be refunded to a retail customer consumer within 60 days of the date that a retail customer such consumer changes marketers or discontinues service, provided the retail customer that such consumer has satisfied all of his or her outstanding financial obligations to the marketer."

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SECTION 11. Said article is further amended by striking Code Section 46-4-157, relating to temporary directives, and inserting in lieu thereof the following:
"46-4-157. (a) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) The commission determines for a specific delivery group, as to which the commission has issued an order pursuant to subsection (b) of Code Section 46-4-156, that the prices for natural gas paid by firm retail customers in such delivery group are not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces; or (2) The commission determines for a specific delivery group, as to which the commission has not issued an order pursuant to subsection (b) of Code Section 46-4156, that the prices charged by an electing distribution company to residential customers consumers for commodity sales services, which prices have not been approved by the commission pursuant to Code Section 46-2-26.5, are generally not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces, then the commission, on an emergency basis, may by order temporarily impose such directives on gas companies subject to its jurisdiction as are required to protect the interests of firm retail customers in such delivery group including but not limited to price regulations and the imposition upon the electing distribution company of the obligation to serve retail customers in such delivery group under the same or similar conditions to those under which such customers were served prior to customer assignment in such delivery group. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session of the General Assembly after the imposition of such directives. In its order the commission shall provide for recovery of all costs reasonably incurred by the electing distribution company in complying with the directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. No such directive shall impose any condition upon the electing distribution company which unreasonably burdens the company. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19. The provisions of this Code section shall not apply to a delivery group for which customer assignment occurred more than four years prior to the date of notice of the expedited hearing. (b) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission determines that market conditions are no longer competitive, then the commission, on an emergency basis, may by order temporarily impose such directives on marketers as are required to protect the interests of retail customers in the state, including, but not limited to, price regulations on the marketers. For purposes of this subsection, market conditions shall be considered

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competitive as long as there are at least three marketers soliciting and providing distribution services to residential and small business customers in this state; provided, however, that, in any case where there are three or less marketers soliciting and providing distribution services to residential and small business customers in this state, market conditions shall not be considered competitive if the commission upon clear and convincing evidence determines that as a result of collusion among such marketers, prices for natural gas paid by retail customers are not being adequately constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces. In no event shall such emergency directives extend beyond the first day of July immediately following the next full annual session of the General Assembly after the imposition of such directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19. (b) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission makes any of the determinations described in subsection (c) or (d) of this Code section, the commission may, on a temporary basis, by order impose on marketers such directives as are required to protect the interest of retail customers in a specific delivery group, including but not limited to price regulations. In no event shall such emergency directives extend beyond the first day of July in the year immediately following imposition of such directives. Any such directives shall be drawn as narrowly as possible to accomplish the purpose of protecting the public on an interim basis. Such directives shall be immediately reviewable in the Superior Court of Fulton County in the same manner and subject to the same procedures as the review of any other contested case under the provisions of Code Section 50-13-19. (c) Upon determination by the commission that market conditions are no longer competitive, the commission may impose directives as described in subsection (b) of this Code section. For purposes of this subsection, market conditions shall not be considered competitive if more than 90 percent of retail customers in a specific delivery group are served by three or fewer marketers; provided, however, that marketers who are affiliates shall be deemed to be one marketer for purposes of this subsection. (d) Upon determination by the commission, based upon a standard previously adopted by rule of the commission, that prices paid by retail customers for natural gas in a specific delivery group are not constrained by market forces and are significantly higher than such prices would be if they were constrained by market forces, the commission may impose directives as described in subsection (b) of this Code section."
SECTION 12. Said article is further amended in Code Section 46-4-158, relating to the obligations of an electing distribution company, by striking subsection (a) and inserting in lieu thereof the following:

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"(a) An electing distribution company which provides firm distribution service under this article must:
(1) Offer an allocation of such distribution service to marketers separately from any commodity sales service or other service; (2) Provide such allocation of such distribution service to marketers without undue discrimination or preference, including undue discrimination or preference in the quality of service provided, the duration of service, the categories, prices, or volumes of natural gas to be distributed, customer classification, or other undue discrimination or preference of any kind; and (3) Provide all marketers with equal and timely access to information relevant to the availability of such service, including without limitation the availability of capacity at delivery points, through the use of an electronic bulletin board; and (4) Cooperate with each certificated marketer and each regulated provider of natural gas to achieve the intentions of this article set out in subsection (b) of Code Section 46-4-151."
SECTION 13. Said article is further amended by inserting new Code sections to be designated Code Sections 46-4-158.1 through 46-4-158.4 to read as follows:
"46-4-158.1. (a)(1) Not later than September 1, 2002, the commission shall promulgate rules and regulations to establish service quality standards for each electing distribution company, including, but not limited to, minimal performance standards for posting data on the electronic bulletin board; meter reading; meter turn-ons and turn-offs; forecasting; call center response times; lost and unaccounted for natural gas; acquiring and managing interstate capacity assets, including retained storage; and any other service quality standards deemed necessary by the commission. (2) Not later than September 1, 2002, the commission shall promulgate rules and regulations to establish service quality standards for each certificated marketer and regulated provider, which may include minimal performance standards for call center response times, billing, meter reading, and any other service quality standards deemed necessary by the commission. Each service quality standard adopted by the commission applicable to an electing distribution company shall also apply to each certificated marketer and each regulated provider to the extent that a certificated marketer or a regulated provider provides similar customer services.
(b) Each electing distribution company, certificated marketer, and regulated provider shall file reports with the commission showing its performance with regard to service quality standards established in accordance with this Code section. Such reports shall be filed at least quarterly, or on a more frequent basis if ordered by the commission. (c) Failure to comply with service quality standards established in accordance with this Code section shall subject an electing distribution company, certificated marketer, or regulated provider to fines as determined by the commission. Fines assessed under this subsection shall be payable to the universal service fund.

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(d) At least annually the commission shall conduct a proceeding to review the electing distribution companys compliance with the service quality standards. (e) If the commission determines that an electing distribution company has failed to satisfactorily meet the performance standards for system forecasting, including setting the daily supply requirement and the marketer firm obligation, or has otherwise demonstrated an inability to perform such function properly, then the commission may enter an order relieving the electing distribution company of its system forecasting responsibilities and may establish a competitive request for proposal process to select an independent entity with the technical and financial ability to perform the role of system forecasting, including setting the daily supply requirement and the marketer firm obligation. The agreement for system forecasting shall include standards for evaluating the performance of the forecaster and for awarding incentives for superior performance and imposing disincentives for unsatisfactory performance. The commission shall establish an appropriate mechanism to recover the cost of performing such functions. (f) If the commission determines that the public interest would be served thereby, the commission may enter an order establishing a competitive request for proposal process to select an independent auditor or auditors for the purpose of examining:
(1) The daily, monthly, and annual accounting of transactions among each electing distribution company, its affiliated companies, and certificated marketers; and (2) Compliance with the provisions of subsections (b) and (c) of Code Section 46-4159. (g) Any independent auditor selected in accordance with subsection (f) of this Code section shall prepare a semiannual audit report to the commission. Unless a written objection clearly specifying one or more errors or inaccuracies in the audit report is filed within ten days after the audit report is filed with the commission, the audit report shall be accepted by the commission. If an objection is filed, the commission shall conduct an expedited hearing within ten days after the objection is filed to determine whether to accept the audit report. A final decision shall be issued five days after such a hearing. An audit report, along with its status as accepted or not accepted by the commission, shall be admissible in any litigation relating to transactions described or evaluated in the audit report. (h) Sale of gas held in storage for a marketer by an electing distribution company shall be prohibited.
46-4-158.2. The commission shall by September 1, 2002, adopt rules governing a marketers terms of service for natural gas consumers. Such rules shall provide, without limitation, that:
(1) Each retail natural gas marketer shall establish policies and procedures for handling billing disputes and requests for payment arrangements, which must be approved by the commission;

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(2) A marketers advertised prices shall reflect the prices in disclosure statements and billed prices and shall be presented in the standard pricing unit of the electing distribution company; (3) The consumer shall have a right to contact the commission and the consumers utility counsel division of the Governors Office of Consumer Affairs if he or she is not satisfied with the response of the marketer; (4) Marketers shall provide all consumers with a three-day right of rescission following the receipt of the disclosure statement, which shall be provided to consumers at times specified in rules and regulations of the commission. Consumers may cancel an agreement in writing or electronically by contacting the marketer; (5) Whenever a marketer offers a fixed term agreement and the expiration date of such agreement is approaching, or whenever a marketer proposes to change its terms of service under any type of agreement, the marketer shall provide written notification to the natural gas consumer, clearly explaining the consumers options at that point, including, but not limited to, the option to seek another marketer; (6) A marketer shall not charge cancellation fees to a low-income residential consumer seeking service for the first time from the regulated provider; (7) Gas service to a consumer shall be disconnected only for failure to pay for service from the consumers current marketer. A marketer may not request disconnection of service for nonpayment of a bill which was not sent to the consumer in a timely manner. Every marketer shall be required to offer at least one reasonable payment arrangement in writing to a consumer prior to requesting that such consumer be disconnected for failure to pay. Disconnection of service to a consumer is authorized no earlier than 15 days after a notice that service will be disconnected; (8) Marketers shall be prohibited from sending estimated bills to natural gas consumers; and (9) No marketer shall be authorized to prevent a consumer from obtaining distribution and commodity sales service from another marketer or provider.
46-4-158.3. The commission shall, by September 1, 2002, adopt rules and regulations requiring marketers which provide firm distribution service under this article to provide adequate and accurate consumer information to enable consumers to make informed choices regarding the purchase of natural gas services. Such rules shall provide, without limitation, that:
(1) A disclosure statement shall be provided to consumers in an understandable format that enables such consumers to compare prices and services on a uniform basis. Rules adopted by the commission shall provide when disclosure statements shall be provided to consumers. Such disclosure statements shall include, but shall not be limited to, the following:
(A) For fixed rate charges for natural gas service, a clear disclosure of the components of the fixed rate, the actual prices charged by the marketer, presented in a single standard pricing unit which includes any charges imposed by the marketer

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or its agent, so that the consumer can compare rates among marketers. This disclosure shall not include state and local sales taxes. The standard pricing disclosure unit must include all recurring monthly charges; (B) For variable rate charges for natural gas service, a clear and understandable explanation of the factors that will cause the price to vary and how often the price can change, the current price, and the ceiling price, if any, so that the consumer can compare rates among marketers. The current price and ceiling price, if applicable, shall be presented in a single standard pricing unit which includes any charges imposed by the marketer or its agent. This disclosure shall not include state and local sales taxes. The standard pricing disclosure unit must include all recurring monthly charges; (C) A statement that the standard unit price does not include state and local taxes or charges imposed by the electing distribution company; (D) The length of the agreement, including the starting date and expiration date, if applicable; (E) The billing interval, the method by which monthly charges imposed by the electing distribution company will be billed to the consumer in the event the consumer commences or terminates service with the marketer during the billing interval, and any late payment, cancellation, or reconnection fees; (F) The marketers budget billing, payment, credit, deposit, cancellation, collection, and reconnection policies and procedures; (G) How to contact the marketer for information or complaints; (H) A statement of the natural gas consumers right to contact the commission and the consumers utility counsel division of the Governors Office of Consumer Affairs if he or she is not satisfied with the response of the marketer, including the local and toll-free telephone numbers of these agencies; (I) The division name and telephone number for information regarding heating assistance administered by the Department of Human Resources; (J) The following statement:
'A consumer shall have a three-day right of rescission following the receipt of this disclosure at the time of initiating service or when informed of a change in terms or conditions. You, the consumer, may cancel in writing or electronically by contacting the marketer.'; (K) The following statement: 'If you have a fixed term agreement with us and it is approaching the expiration date, or whenever we propose to change our terms of service in any type of agreement, you will receive written notification from us prior to the date of expiration of or change to the agreement. We will explain your options to you in this advance notification.'; (L) A statement setting forth the requirements of paragraphs (6) through (9) of Code Section 46-4-158.2; and (M) A statement that deposits shall not exceed $150.00; and

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(2) Natural gas consumers bills shall be accurate and understandable and shall contain sufficient information for a consumer to compute and compare the total cost of competitive retail natural gas services. Such bills shall include, but not be limited to, the following:
(A) The consumers name, billing address, service address, and natural gas company account number; (B) The dates of service covered by the bill, an itemization of each type of competitive natural gas service covered by the bill, any related billing components, the charge for each type of natural gas service, and any other information the consumer would need to recalculate the bill for accuracy; (C) The applicable billing determinants, including beginning meter reading, ending meter reading, multipliers, and any other consumption adjustments; (D) The amount billed for the current period, any unpaid amounts due from previous periods, any payments or credits applied to the consumers account during the current period, any late payment charges or gross and net charges, if applicable, and the total amount due and payable; (E) The due date for payment to keep the account current; (F) The current balance of the account, if the natural gas consumer is billed according to a budget plan; (G) Options and instructions on how the natural gas consumer can make a payment; (H) A toll-free or local telephone number and address for consumer billing questions or complaints for any retail natural gas company whose charges appear on the bill; (I) The applicable electing distribution companys 24 hour local or toll-free telephone number for reporting service emergencies; and (J) An explanation of any codes and abbreviations used.
46-4-158.4. The commission shall continually review marketers compliance with rules promulgated in accordance with Code Sections 46-4-158.2 and 46-4-158.3."
SECTION 14. Said article is further amended by striking Code Section 46-4-160, relating to marketers and provision of information to the public regarding prices of marketers, and inserting in lieu thereof the following:
"46-4-160. (a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the commission shall have authority to:
(1) Adopt reasonable rules and regulations governing the certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Adopt reasonable rules governing service quality. In promulgating consumer protection rules under this article, the commission shall, to the extent practicable, provide for rules with a self-executing mechanism to resolve such complaints in a

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timely manner. Such consumer protection rules shall encourage marketers to resolve complaints without recourse to the commission and shall expedite the handling of those complaints that do require action by the commission by providing, where practicable, set remedies and penalties, including but not limited to fines, for violations of the rules; (4) Resolve complaints against a marketer regarding that marketers service; (5) Adopt reasonable rules and regulations relating to billing practices of marketers and information required on customers bills. The commission shall require at a minimum that bills specify the gas consumption amount, price per therm, distribution charges, and any service charges. The commission shall prescribe performance standards for marketer billing relating to accuracy and timeliness of customer bills; (6) Adopt reasonable rules and regulations relating to minimum resources which marketers are required to have in this state for customer service purposes. The rules and regulations shall require a marketer to have and maintain the ability to process cash payments from customers in this state. The rules and regulations shall provide procedures relating to the handling and disposition of customer complaints; and (7) Adopt reasonable rules and regulations requiring marketers to provide notification to retail customers of or include with customer bills information relating to where customers may obtain pricing information relative to gas marketers. (b) Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must separately state on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity sales. (c) A marketer shall not refuse to sell gas to a potential firm retail customer within the territory covered by the marketers certificate of authority if the sale can be made by the marketer pursuant to the rules for service authorized by the marketers certificate of authority and upon terms that will provide the marketer with just and adequate compensation. The Except as otherwise provided by this article, the price at which a marketer sells gas shall not be fixed regulated by the commission. (d) The commission and the consumers utility counsel division of the Governors Office of Consumer Affairs shall have access to the books and records of marketers as may be necessary to ensure compliance with the provisions of this article and with the commissions rules and regulations promulgated under this article. (e) Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject the person to the jurisdiction of the commission under this title, including without limitation the provisions of Article 2 of Chapter 2 of this title. (f) The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions of Articles 4 and 5 of Chapter 2 of this title shall apply to a marketer. (g) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' shall apply to a marketer.

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(h)(g) The commission, subject to receiving state funds for such purpose, is required 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. In addition, the commission shall make such information available to Georgia Public Telecommunications (GPTV) under the jurisdiction of the Georgia Public Telecommunications Commission which will provide such information to the general public at a designated time at least once a month. (i)(h) A marketer shall render a bill to retail customers for services within 30 days of the date following the actual monthly meter reading. A 15 day grace period is permitted prior to the application of any penalty. A marketers bill shall utilize the results of the actual meter reading. The price for natural gas billed to a natural gas consumer shall not exceed the marketers published price effective at the beginning of the consumers billing cycle. A marketer shall allow the natural gas consumer a reasonable period of time to pay the bill from the date the consumer receives the bill, prior to the application of any late fees or penalties. Marketers shall not impose unreasonable late fees or penalties and in no event shall any such fees or penalties exceed the greater of $10.00 or 1.5 percent of the past due balance. (j)(i) Any marketer which willfully violates any provision of this Code section or any duly promulgated rules or regulations issued under this Code section or which fails, neglects, or refuses to comply with any order of the commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91. (j) As used in this subsection, the phrase 'terms and conditions' does not include price. At least 30 days prior to the effective date of any changes in the terms and conditions for service authorized by the marketers certificate of authority, a marketer shall file such changes with the commission. Such changes to the terms and conditions of service shall go into effect on the effective date proposed by the marketer; provided, however, that the commission shall be authorized to suspend the effective date of the proposed changes for up to 90 days if it appears to the commission that the proposed terms and conditions are unconscionable or are unfair, deceptive, misleading, or confusing to consumers. If the commission does not issue a final decision on the proposed terms and conditions of service within the 90 day suspension period, the proposed changes shall be deemed approved."
SECTION 15. Said article is further amended by striking subsection (a) of Code Section 46-4-160.2, relating to correction of billing errors, and inserting in its place a new subsection to read as follows:
"(a) Whenever a marketer discovers or has called to its attention a billing error or other mistake reported to or acknowledged or admitted to by the marketer and resulting, the marketer shall have 30 days to correct the billing error from the date said error is reported to or acknowledged by the marketer. If the marketer does not correct the

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billing error, the burden of proof shall be on the marketer to show why the bill is correct. During the period the billing error is being disputed, the marketer shall neither impose a late fee or penalty on the disputed amount nor initiate an action to disconnect the customers service or collect on the past due balance, if the disputed amount constitutes the total amount of the past due balance. In the event the billing error results in an overpayment by a retail customer of said marketer, such marketer shall be required automatically and immediately to provide:
(1) A credit of the amount of the overpayment to the account of the customer; or (2) A refund of the amount of the overpayment to the customer."
SECTION 16. Said article is further amended by inserting new Code sections to be designated Code Sections 46-4-160.3 through 46-4-160.5 to read as follows:
"46-4-160.3. In order to assist low-income residential consumers, the commission may establish a system by which each marketers customers may make voluntary contributions to assist low-income consumers. Contributions received by a marketer shall be deposited in the universal service fund to be used to assist low-income consumers.
46-4-160.4. (a) There is created the Natural Gas Consumer Education Advisory Board, whose duty it shall be to advise and make recommendations to the director of the consumers utility counsel division of the Governors Office of Consumer Affairs. The board shall consist of five members who shall be appointed by the Governor and shall include at least one representative for each of the following: marketers, natural gas consumers, and electing distribution companies. There shall be one member appointed from each commission electoral district. Board members shall serve at the pleasure of the Governor. (b) The board shall elect its chairperson and shall convene upon the call of the administrator at a time and place specified in writing by the administrator. Each member of the board shall serve without pay but shall receive standard state per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his or her responsibilities. (c) The board shall assist the director in an advisory capacity only in carrying out the duties and functions of such official concerning policy matters relating to the development and implementation of state-wide education programs for natural gas consumers or consumers of any other utility that may be deregulated in the future.
46-4-160.5. (a) Any natural gas consumer who is damaged by a marketers violation of any provision of Code Section 46-4-160, any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to recover actual damages sustained by the consumer, as

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well as incidental damages, consequential damages, reasonable attorneys fees, and court costs. (b) Any violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section is declared to be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' Any remedy available under such Act shall be available to any natural gas consumer and any action by the administrator that such Act authorizes for a violation of such Act shall be authorized for violation of Code Section 46-4-160 or any duly promulgated rules or regulations issued under such Code section. This subsection shall not be construed to provide that other violations of this article or rules promulgated under this article are not violations of such Act. (c) The provisions of this Code section shall apply to violations of subsections (g) and (h) of Code Section 46-4-156, Code Sections 46-4-158.2, 46-4-160.1, and 46-4-160.2, and substantial violations of Code Section 46-4-158.3."
SECTION 17. Said article is further amended by striking Code Section 46-4-161, relating to the universal service fund, and inserting in lieu thereof the following:
"46-4-161. (a) The commission shall create for each electing distribution company a universal service fund for the purpose of:
(1) Assuring that gas is available for sale by marketers to firm retail customers within the territory certificated to each such marketer; (2) Enabling the electing distribution company to expand its facilities and service in the public interest; and (3) Assisting low-income customers in times of emergency as determined by the commission; and consumers of the regulated provider of natural gas in accordance with Code Section 46-4-166. (4) Providing energy conservation assistance to low-income customers in a fair and equitable manner as determined by the commission; provided, however, that not more than 10 percent of the amount in the universal service fund shall be expended for such purpose in any calendar year. (b)(1) The fund shall be administered by the commission under rules to be promulgated by the commission in accordance with the provisions of this Code section. Prior to the beginning of each fiscal year of the electing distribution company, the commission shall determine the amount of the fund appropriate for such fiscal year, which amount shall be not less than $10 million and not more than $20 million for that fiscal year. In making such determination, the commission shall consider the following:
(A) The amount required to provide appropriate compensation to marketers with respect to uncollectible accounts arising from commodity sales to firm retail customers;

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(B)(1) The amount required to provide sufficient contributions in aid of construction to permit the electing distribution company to extend and expand its facilities from time to time as the commission deems to be in the public interest; and (C)(2) The amount required to assist low-income persons subject to price increases consumers of the regulated provider of natural gas in accordance with Code Section 46-4-166. (2) Notwithstanding any other provisions of this Code section, the commission shall, pursuant to rules and regulations, administer and expend moneys in the fund primarily for the purpose provided in subparagraph (C) of paragraph (1) of this subsection for the 24 months immediately succeeding April 27, 2001. (c) The fund shall be created and maintained from time to time from the following sources: (1) Rate refunds to the electing distribution company from its interstate pipeline suppliers; (2) Any earnings allocable to ratepayers under performance based rates of the electing distribution company authorized by this article; (3) A surcharge to the rates for firm distribution service of the electing distribution company authorized for such purpose by the commission from time to time; and (4) Surcharges on customers receiving interruptible service over the electing distribution companys distribution system imposed by the commission and directed to the universal service fund in accordance with Code Section 46-4-154; (5) Refunds of deposits required by marketers as a condition for service, if such refunds have not been delivered to or claimed by the consumer within two years; (6) Funds deposited by marketers in accordance with Code Section 46-4-160.3; and (4)(7) Any other payments to the fund provided by law. (d) Any amounts remaining in such fund at the end of a fiscal year shall may be available for refund to retail customers, including customers who receive firm distribution service and customers who receive interruptible distribution service, in such manner as the commission shall deem equitable. The balance at fiscal year end, whether positive or negative, after such refund, if any, shall become the initial balance of the fund for the ensuing fiscal year and shall be considered by the commission in making the determination required in subsection (b) of this Code section. (e) Moneys in the fund shall be deposited in a separate, interest-bearing escrow account maintained by the electing distribution company at any state or federally chartered bank, trust company, or savings and loan association located in this state. Upon application to the commission, the commission shall order the distribution of an appropriate portion of such moneys on a quarterly basis and in accordance with the provisions of this Code section. Interest earned on moneys in the fund shall accrue to the benefit of the fund. (f) In determining whether to grant the application of a marketer for a distribution from the fund in whole or in part, the commission shall consider: (1) The expenditures reasonably required for commodity sales by a marketer within the relevant territory based upon the cost of gas as established by published cost

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indexes, the transportation charges of the interstate pipeline involved, and the rates for firm distribution service of the electing distribution company. The commission shall also consider the actual costs incurred to serve the customers and revenues available to the marketer from sales within the affected territory available to provide a fair return to the marketer; (2) Whether the marketer pursued reasonable diligence in seeking to recover the uncollectable accounts; and (3) The reduction to the total amount of the uncollectable accounts appropriate to assure that marketers pursue reasonable diligence in their collection efforts. (f) Distributions to the regulated provider shall be made in accordance with Code Section 46-4-166. (g)(1) In determining whether to grant the application of an electing distribution company for a distribution from the fund in whole or in part, the commission shall consider:
(A) The capital budget of the electing distribution company for the relevant fiscal year; (B) The estimated total overall applicable cost of the proposed extension, including construction costs, financing costs, working capital requirements, and engineering and contracting fees, as well as all other costs that are necessary and reasonable; (C) The projected initial service date of the new facilities, the estimated revenues to the electing distribution company during the first five fiscal years following the initial service date, and the estimated rate of return to the electing distribution company produced by such revenues during each such fiscal year; (D) The amount of the contribution in aid of construction required for the revenues from the proposed new facility to produce a just and reasonable return to the electing distribution company; and (E) Whether the proposed new facility is in the public interest. (2) In no event shall the distribution to an electing distribution company from the fund for facilities and service expansion during any fiscal year exceed 5 percent of the capital budget of such company for such fiscal year. (3) Any investment in new facilities financed from the universal service fund shall be accounted for as a contribution in aid of construction."
SECTION 18. Said article is further amended by striking in its entirety Code Section 46-4-164, relating to construction of the article, and inserting in lieu thereof the following:
"46-4-164. (a) Nothing in this article shall be deemed to apply or impose requirements not otherwise existing on gas distribution companies owned by any county, municipality, other political subdivision, or governmental authority of this state; nor are the provisions of this article intended to increase or decrease the authority and jurisdiction of the commission with respect to the distribution, sale, or transportation of gas by any county, municipality, other political subdivision, or governmental authority of this state.

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Nothing in this article shall be construed to limit or otherwise affect the existing powers of municipal corporations or other political subdivisions of this state relating to the granting of franchises or the levying or imposition of taxes, fees, or charges. (b) Notwithstanding any provision of law to the contrary, including, without limitation, Article 4 of Chapter 3 of this title, an electric membership corporation may make and maintain investments in, lend funds to, and guarantee the debts and obligations of an EMC gas affiliate in total not to exceed 15 percent of such electric membership corporations net utility plant, provided that any such investments or loans shall not reflect rates which are generally available through the use of any tax exempt financing and may not be tied directly or indirectly to any loans from or guaranteed by the federal or state government; and an EMC gas affiliate of an electric membership corporation organized and operating pursuant to Article 4 of Chapter 3 of this title may apply for and be granted a certificate of authority to provide any service as authorized under this article. The creation, capitalization, or provision of management for (1) an EMC gas affiliate engaged in activities subject to the provisions of this article and the rules and regulations established by the commission or (2) other persons providing customer services shall be deemed to be among the purposes of an electric membership corporation as specified in paragraphs (2) and (3) of Code Section 46-3-200. Nothing in this article shall be deemed to increase or decrease the authority and jurisdiction of the commission with respect to such electric membership corporation except as to gas activities undertaken by the electric membership corporation or its EMC gas affiliate as authorized under this chapter. (c) Nothing in this article shall be construed to allow or authorize an electing distribution company, a certificated marketer, or a regulated provider of natural gas to engage in the production, transportation, marketing, or distribution of liquefied petroleum gas."
SECTION 19. Said article is further amended by inserting a new Code section to be designated Code Section 46-4-166 to read as follows:
"46-4-166. (a) By July 1, 2002, the commission shall select a regulated provider of natural gas to serve:
(1) Group 1, low-income residential consumers; and (2) Group 2, firm natural gas consumers:
(A) Whose utility credit or payment history was cited by a marketer as reason for refusal of service; or (B) Whose utility payment history was cited by the regulated provider as reason for transfer from Group 1 to Group 2. (b) The selection shall be made through a competitive request for proposal process. Certificated marketers shall be eligible to submit proposals. Selection criteria for the regulated provider shall include, but not be limited to, the following: (1) Financial viability, as defined in Code Section 46-4-153;

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(2) Technical expertise, as defined in Code Section 46-4-153; (3) The amount of the proposed deposit requirements, proposed price structure, proposed customer charge, and cost recovery; (4) The terms and conditions proposed for transfers of consumers from Group 1 to Group 2 and from Group 2 to Group 1; and (5) The terms and conditions proposed for termination of service for Group 1 consumers and Group 2 consumers. (c) If no acceptable proposals are filed with the commission to become the regulated provider of natural gas, the commission shall designate the electing distribution company or any other gas or electric utility holding a certificate of public convenience and necessity from the commission if it consents to serve as the regulated provider of natural gas. A regulated provider who is not a certificated marketer shall not be authorized to provide natural gas commodity service to any consumer not included in subsection (a) of this Code section. (d) The regulated provider selected by the commission shall establish two rates for consumers served by the regulated provider of natural gas, which rates shall be approved by the commission as a part of the selection process for the regulated provider: (1) The rate for a low-income residential consumer shall be based upon actual commodity cost, a reasonable rate of return, and an equitable share of the cost of the transportation and distribution system over which such consumer receives distribution. Any low-income residential consumer may transfer to the regulated provider without being required to pay in full any debt to a marketer for previous service and without termination in service due to failure to pay such a debt. The regulated provider shall have access to the universal service fund to recover bad debt arising from service to low-income residential consumers in accordance with rules and regulations promulgated by the commission and designed to encourage efficient debt collection practices by the regulated provider. The electing distribution company shall waive any customer charge for each low-income residential consumer whose age exceeds 65 years. A low-income residential consumer served by the regulated provider at this rate shall be subject to transfer to Group 2 for failure to pay distribution or commodity charges under the terms and conditions specified in the proposal and accepted by the commission; and (2) The rate for Group 2 consumers shall be set to incorporate risks associated with these customers. The regulated provider shall be authorized to terminate service to a Group 2 consumer for failure to pay for commodity or distribution service. The regulated provider shall not have access to the universal service fund to recover bad debt arising from service to such consumers. A Group 2 consumer shall be eligible to transfer to Group 1 if such a consumer is eligible by income for Group 1 and meets criteria specified in the proposal and accepted by the commission. (e) The commission is authorized to promulgate rules and regulations to implement this Code section.

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(f) The commission shall annually review the performance of the regulated provider. The commission shall utilize the process set forth in subsections (a) and (b) of this Code section to select a regulated provider of natural gas every two years. If the commission determines, in its discretion, that such an action is in the public interest, the commission may extend the service of a regulated provider for a third year, or may terminate the service of a regulated provider after one year."
SECTION 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Skipper of the 137th et al. move to amend the Committee substitute to HB 1568 by striking lines 17 through 20 of page 12 and inserting in lieu thereof the following:
"fund. This surcharge shall not exceed $12 million per year.'"
By striking lines 5 through 9 of page 30 and inserting in lieu thereof the following:
"(d) Any amounts remaining in such fund at the end of a fiscal year shall be available for refund to retail customers in such manner as the commission shall deem equitable. The balance at fiscal year end, whether positive or negative, after such refund, if any, shall become the initial balance of the fund for the".

The following amendment was read:

Representative Lucas of the 124th moves to amend the Committee substitute to HB 1568 as follows:
By striking on page 1 all of line 11 after marketers lines 12 and 13 up to semicolon.
By striking Line 27 after circumstances to prohibit estimated bill on line 28.

TUESDAY, MARCH 19, 2002
Delete lines 8 thru 35 on page 8 Lines 1 thru 37 on page 9 Lines 1 thru 2 on page 10
Delete lines 21 thru 24 on page 32.

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On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen N Amerson Y Anderson N Ashe N Bannister N Barnard N Barnes N Bell N Benfield N Birdsong N Black N Boggs 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 N Connell N Cooper

N Cox N Crawford N Cummings N Davis N Day N Dean N Deloach, B N Deloach, G E Dix N Dodson N Drenner N Dukes N Ehrhart N Epps N Everett N Floyd N Forster N Franklin N Gardner N Golick N Grasse N Graves N Greene N Hammontree N Hanner N Harbin N Harrell N Heard Y 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 Y 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 Y Lord Y Lucas
Lunsford N Maddox N Mangham N Manning N Massey N McBee N McCall N McClinton N McKinney N Millar N Mills N Mobley N Morris N Mosley

N Mueller N Muntean N O'Neal Y Orrock N Parham N Parrish N Parsons
Pelote N Pinholster N Poag N Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reece
Reed N Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers N Royal N Sailor Y 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 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 Y Stanley Y Stanley-Turner N Stephens N Stokes N Taylor Y Teague Y 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, J N Williams, R N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 19, nays 156. The amendment was lost.

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The following amendment was read and adopted:
Representative Williams of the 83rd et al. move to amend the Committee substitute to HB 1568 by striking line 17 of page 3 and inserting in lieu thereof the following:
"(3) All consumers deserve to receive natural gas service on reasonable terms and at"
The following amendment was read:
Representatives Hammontree of the 4th, Shanahan of the 10th and Williams of the 5th move to amend the Committee substitute to HB 1568 by inserting on line 6 of page 1 immediately following the semicolon the following:
"to provide for discovery rights of all parties to proceedings before the commission related to the distribution, storage, and sale of gas;".
By inserting between lines 27 and 28 of page 2 the following:
"SECTION 3. Said chapter is further amended in Code Section 46-2-57, relating to discovery, commission petitions for orders, injunctions, and subpoenas, and extension of suspension period, by striking subsection (a) and inserting in lieu thereof the following:
'(a) In any case pending before it, the commission, in addition to its now existing authority to do so, is authorized to issue an order permitting its employees and agents to take depositions and otherwise obtain discovery of any matter, not privileged, which is relevant to the subject matter involved in the investigation, proceeding, or petition before the commission, in the same manner prescribed in Chapter 11 of Title 9 for discovery in civil actions. In any case involving an application of a gas company to establish just and reasonable rates pursuant to Code Section 46-2-23.1 or 46-4-154, intervenors who are granted party status pursuant to Code Section 46-2-59, as well as the gas company subject to the particular proceeding, proceeding before the commission arising under this title and related to the distribution, storage, and sale of gas, all parties to the proceeding shall have all discovery rights available under Chapter 11 of Title 9.'"
By renumbering the subsequent sections.

TUESDAY, MARCH 19, 2002

2249

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Benfield N Birdsong
Black N Boggs Y Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch N Bunn N 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 Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse N Graves N Greene Y Hammontree N Hanner N Harbin
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 Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece
Reed 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 Y Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

N Smith, B N Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires N Stallings N Stanley N Stanley-Turner Y Stephens Y Stokes 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 Y Westmoreland Y Wiles N Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 75, nays 98. The amendment was lost.

The following amendment was read:

Representatives Williams of the 83rd, Coan of the 82nd and Brown of the 130th move to amend the Committee substitute to HB 1568 by striking lines 14 and 15 of page 5 and

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inserting in lieu thereof the following:
"distribution service."
By inserting between lines 8 and 9 of page 7 the following:
"(14.3) 'Residential consumer' means a retail customer of commodity sales service or of firm distribution service who uses such service or services primarily for personal, family, or household purposes."
By striking lines 25 through 28 of page 16 and inserting in lieu thereof the following:
"(h) A marketer may require a deposit, not to exceed $150.00, from a retail customer residential consumer prior to providing gas distribution service to such customer; provided, however, that such deposit cannot exceed 100 percent of the customers average monthly bill based on past customer usage and current marketer prices residential consumer. A marketer may require a deposit from a retail customer other than a residential consumer prior to providing gas distribution service to such customer; provided, however, that such deposit cannot exceed 100 percent of the customers average monthly bill based on past customer usage and current marketer prices. A marketer is not".
By inserting the word "residential" between the words "any" and "consumer" on line 31 of page 16.
By striking lines 33 through 37 of page 16 and lines 1 and 2 of page 17 and inserting in lieu thereof the following:
"subsection. In any case where a marketer has required a deposit from a retail customer and such customer has paid all bills from the marketer in a timely manner for a period of six months, the marketer shall be required to refund the deposit to the customer within 60 days. In any event, a deposit shall be refunded to a retail customer within 60 days of the date that a retail customer changes marketers or discontinues service, provided that the retail customer has satisfied all of his or her outstanding financial obligations to the marketer.'"
By striking line 30 of page 23 and inserting in lieu thereof the following:
"(M) A statement setting forth the deposit requirements for residential consumers or retail customers, as applicable, as outlined in subsection (h) of Code Section 46-4-156; and".

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2251

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen Y Amerson N Anderson N Ashe
Bannister N Barnard Y Barnes N Bell N Benfield N Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn N Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps N Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse N Graves N Greene Y Hammontree N Hanner Y Harbin N Harrell Y Heard N Heckstall N Hembree N Henson Y Hines N Holland N Holmes Y 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 Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris Y Mosley

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons Y Pelote Y Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece
Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings N Stanley N Stanley-Turner N Stephens
Stokes N Taylor N Teague Y Teper N Tillman N Turnquest
Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 82, nays 90. 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.

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On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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 Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 173, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

TUESDAY, MARCH 19, 2002

2253

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1492 Do Pass, by Substitute HB 1693 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 222 Do Pass HB 454 Do Pass HB 1255 Do Pass HB 1295 Do Pass

HB 1389 Do Pass, by Substitute HB 1501 Do Pass HB 1529 Do Pass, by Substitute HB 1562 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

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HB 1530 Do Pass HR 1287 Do Pass HR 1296 Do Pass

SB 388 Do Pass SB 389 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1572 Do Pass HR 1320 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
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 25, 2002.

MONDAY, MARCH 25, 2002

2255

Representative Hall, Atlanta, Georgia Monday, March 25, 2002

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 Ashe Bannister Barnard Bell Benfield Birdsong Black Boggs Borders Bridges Brooks Broome Brown Buckner Bulloch Bunn Burkhalter Burmeister Byrd Callaway Cash Childers Coan Coleman, B Collins Connell Cox

Crawford Cummings Davis Deloach, B Deloach, G E Dix Dodson Drenner Ehrhart Epps Everett Floyd Forster Franklin Gardner Grasse Graves Greene Hammontree Hanner Harbin Harrell Hembree Henson Hines Holland Houston Hudgens Hudson, N

Hudson, S Hugley Irvin Jackson, B James Jamieson Jennings Johnson Jordan Joyce Kaye Keen Knox Lane Lanier Lewis Lord Lunsford Mangham Manning Massey McBee McClinton McKinney Millar Mills Mobley Morris Mosley

Mueller Muntean O'Neal Orrock Pelote Pinholster Poag Purcell Ragas Randall Ray Reece Reichert Rice Richardson Roberts, D Roberts, L Rogers Royal Sailor Sanders Scheid Scott Seay Shanahan Shaw Sholar Skipper Smith, B

Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Snelling Squires Stallings Stanley Stephens Stokes Taylor Teper E Tillman Turnquest Twiggs Unterman Walker, R.L Watson West Westmoreland Wiles Wilkinson Willard Wix Yates Murphy, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 116th, Barnes of the 97th, Bordeaux of the 151st, Buck of the 135th, Campbell of the 42nd, Channell of the 111th, Coleman of the 142nd, Cooper of the 31st, Dean of the 48th, Dukes of the 161st, Golick of the 30th, Heard of the 89th, Heckstall of the 55th, Jackson of the 148th, Jenkins of the 110th, Lucas of the 124th, Maddox of the 72nd, McCall of the 90th, Parham of the 122nd, Parsons of the

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40th, Porter of the 143rd, Powell of the 23rd, Reed of the 52nd, Sims of the 167th, Sinkfield of the 57th, Smyre of the 136th, Stanley of the 50th, Teague of the 58th, Walker of the 141st, and Williams of the 83rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Mollie Danner, Pastor, Clyattville United Methodist Church, Clyattville, 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:

MONDAY, MARCH 25, 2002

2257

HB 1761. By Representative McCall of the 90th:
A BILL to amend an Act creating the Board of Commissioners of Lincoln County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1762. By Representatives Channell of the 111th and Parham of the 122nd:
A BILL to amend an Act creating the Sinclair Water Authority, so as to change a provision relating to notice of meetings of the governing board of the Sinclair Water Authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1763. By Representatives Manning of the 32nd, Wix of the 33rd, Wiles of the 34th, Parsons of the 40th, Johnson of the 35th and others:
A BILL to authorize the City of Marietta to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1764. By Representative McCall of the 90th:
A BILL to amend an Act providing for the election of members of the Board of Education of Lincoln County, so as to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1765. By Representatives Hudson of the 156th, Scott of the 165th and Holland of the 157th:
A BILL to amend an Act providing for the Tift County Board of Education, so as to redistrict the Tift County Board of Education; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1766. By Representative Crawford of the 129th:
A BILL to amend an Act creating a board of commissioners of roads and revenues for the County of Pike, so as to change the description of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1767. By Representative Crawford of the 129th:
A BILL to amend an Act creating a board of commissioners of roads and revenues of Upson County, so as to change the description of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1768. By Representative Cummings of the 27th:
A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the membership of the Georgia Board of Dentistry; and for other purposes.

Referred to the Committee on Health & Ecology.

MONDAY, MARCH 25, 2002

2259

HB 1770. By Representative Shanahan of the 10th:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to permit absentee voting without qualification during a certain period preceding an election or primary provided the elector shows proper identification; to provide for definitions; to define the on-site absentee voting period; to provide that the registrar's and absentee ballot clerk's offices shall be open for extended hours during the on-site absentee voting period; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1771. By Representative Anderson of the 116th:
A BILL to amend an Act to provide a new charter for the City of Waynesboro, so as to change the method of filling vacancies in the office of mayor and city councilmember; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1774. By Representative Mobley of the 69th:
A BILL to amend Code Section 44-14-231 of the Official Code of Georgia Annotated, relating to petition for writ of possession, jurisdiction and venue, and oath, so as to conform the affidavit requirements of said Code section to Code Section 9-10-113; and for other purposes.

Referred to the Committee on Judiciary.

HB 1775. By Representatives Snow of the 2nd and Joyce of the 1st:
A BILL to amend an Act creating the office of Commissioner of Walker County, so as to change the compensation of the commissioner; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.

HB 1776. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to amend an Act creating the office of commissioner of Catoosa County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1777. By Representative Skipper of the 137th:
A BILL to amend an Act creating the board of commissioners of Lee County, so as to change certain provisions regarding the compensation of the chairperson and the other members of the board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1778. By Representative Skipper of the 137th:
A BILL to amend an Act placing the judge of the Probate Court of Lee County on a salary, so as to provide that the judge of the Probate Court of Lee County shall have jurisdiction to try certain misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1779. By Representative Stokes of the 92nd:
A BILL to provide a new charter for the City of Porterdale; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 25, 2002

2261

HB 1780. By Representative Parrish of the 144th: A BILL to amend an Act providing for the composition and election of the Board of Education of Emanuel County, so as to change the description of the education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1781. By Representative Jenkins of the 110th: A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Monroe County, Georgia," so as to change the description of the districts from which members of such board are elected; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1782. By Representatives Burkhalter of the 41st, Willard of the 44th and Campbell of the 42nd: A BILL to amend an Act to provide for an addiitonal $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, so as to increase the exemption amount; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1783. By Representative Rogers of the 20th: A BILL to amend an Act entitled "An Act to create the Lake Sidney Lanier Watershed Governance Council," so as to change certain provisions relating to membership; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

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HB 1784. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A BILL to provide for a homestead exemption from certain City of Rome ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1785. By Representatives Childers of the 13th, Smith of the 12th and Reece of the 11th:
A BILL to provide for a homestead exemption from certain Floyd County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1457. By Representative Skipper of the 137th:
A RESOLUTION urging the Board of Regents of the University System of Georgia to recognize the substantial gift from the estate of Deborah Green Jackson to Georgia Southwestern College in 1948 and to affix an appropriate plaque at Jackson Hall on the campus of Georgia Southwestern State University; and for other purposes.

Referred to the Committee on Rules.

HR 1458. By Representative Borders of the 177th:
A RESOLUTION urging the Public Service Commission to investigate the merit of certain actions relating to natural gas and to make recommendations to the General Assembly; and for other purposes.

MONDAY, MARCH 25, 2002 Referred to the Committee on Industry.

2263

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1727 HB 1728 HB 1729 HB 1730 HB 1731 HB 1732 HB 1733 HB 1734 HB 1735 HB 1736 HB 1737 HB 1738 HB 1739 HB 1740 HB 1741 HB 1742 HB 1743 HB 1744 HB 1745 HB 1746 HB 1747 HB 1748 HB 1749 HB 1750 HB 1751 HB 1752

HB 1753 HB 1754 HB 1755 HB 1756 HB 1757 HB 1758 HB 1759 HB 1760 HB 1769 HB 1772 HB 1773 HR 1382 HR 1383 HR 1412 HR 1413 HR 1414 SB 381 SB 382 SB 472 SB 527 SB 528 SB 529 SB 531 SB 547 SR 490

Representative Smith of the 12th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 342 Do Pass, by Substitute HB 967 Do Pass
Respectfully submitted, /s/ Smith of the 12th
Chairman
Representative Smith of the 169th District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment 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 1526 Do Pass
Respectfully submitted, /s/ Smith of the 169th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1628 Do Pass SB 439 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

MONDAY, MARCH 25, 2002

2265

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 1436 Do Pass HB 1711 Do Pass HB 1712 Do Pass HB 1713 Do Pass HB 1714 Do Pass

HB 1716 Do Pass HB 1719 Do Pass HB 1721 Do Pass HB 1722 Do Pass HB 1723 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 25, 2002

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

HB 38 HB 210 HB 487 HB 547 HB 716 HB 1054 HB 1056

Employees' Retirement; DFACS; creditable service Teachers Retirement; return to service; elementary and secondary teachers Archives and History; change Department to Division; amend provisions Unpaid taxes; certain elderly and lower income taxpayers; waive interest Fair Insurance Business Practices Act of 2001; enact Sexual offenders; notification of residence; schools and day-care facilities Wildlife Violator Compact; enact

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HB 1121 HB 1157 HB 1200 HB 1208 HB 1215 HB 1217
HB 1244 HB 1280 HB 1342 HB 1345
HB 1369 HB 1438
HB 1449 HB 1514 HB 1547 HB 1559 HB 1587 HB 1699 HR 567 HR 802 HR 940

Local boards of education; health insurance; certain coverage Motor vehicle accident insurance; multiple lienholders; total loss Charter schools; comprehensive revision of provisions Certified school social worker specialists; salary; cert leave Accountants; certification requirements; amend Ad valorem tax; surviving spouses of certain military personnel; exemption Ad valorem tax; exempt certain historic property; medical museum Teachers and other personnel; certain forfeited leave; restoration Postsecondary and adult education; textbooks in electronic format Local retirement systems; investment guidelines; minimum funding standards Insurance; retail vendors of communications equipment; limited license Malt beverage excise taxes; excess proceeds; repeal certain provisions; population classification Ad valorem tax; time for making returns; change population brackets Blanket bonds; two or more political subdivisions; provisions Magistrates; minimum salary Homestead exemption; certain counties; time for making application Transportation funds; allocation; certain waivers Boats taking shrimp; certain limitation; not applicable to certain vessels Turfgrass sod; urge use by state for certain groundcover Daniell, Barbara A.; compensate Goodman, Danny; compensate

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 1436. By Representative Connell of the 115th:
A BILL to amend an Act to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to the 1970 Federal decennial census, or any future federal census, and to provide the procedure whereby the County Treasurer in any county

MONDAY, MARCH 25, 2002

2267

with a population of not more than 165,000 and not less than 150,000, according to said census, shall be eligible to become County Treasurer Emeritus, so as to revise and change the population and census application; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1711. By Representative McCall of the 90th:
A BILL to provide a new charter for the City of Bowman; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1712. By Representatives Hudson of the 120th and Jackson of the 112th:
A BILL to amend an Act providing for a seven-member Board of Education of McDuffie County, so as to revise the districts for the election of members of the board or education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1713. By Representatives Hudson of the 120th and Jackson of the 112th:
A BILL to amend an Act creating a Board of Commissioners of McDuffie County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE

HB 1714. By Representatives Hudson of the 120th and Jackson of the 112th:
A BILL to amend an Act creating a new charter for the City of Thomson, so as to revise the districts for the election of members of the city council; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1716. By Representative Stephens of the 150th:
A BILL to amend an Act creating a new charter for the City of Bloomingdale, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1719. By Representatives McBee of the 88th, Hudgens of the 24th and Heard of the 89th:
A BILL to provide for a homestead exemption from certain Clarke 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 for certain residents of that school district who are 65 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 1721. By Representative Murphy of the 18th:
A BILL to amend the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority; to specify procedures for such purchases and sales; to remove the limit on the

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principal amount of revenue bonds which can be issued; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1722. By Representative Bell of the 25th:
A BILL to amend an Act to incorporate the town of Nicholson, in the County of Jackson, so as to provide for the 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; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1723. By Representative Bell of the 25th:
A BILL to amend an Act providing a new charter for the City of Commerce, so as to change the compensation for 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.

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 Bannister Y Barnard

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Parrish

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T

2270
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell
Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Holmes Y Houston Y Howard

Jackson, L Y James
Jamieson Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Massey Y McBee McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Parsons Y Pelote Y Pinholster Y Poag
Porter Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Reed 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 Y Skipper

Y Smith, V Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E 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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bills, the ayes were 145, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Heard of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

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SB 330. By Senators Hecht of the 34th and Starr of the 44th:
A BILL to be entitled an Act to provide a short title; to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to provide that law enforcement officers of counties containing an airport or landing strip controlled by another political subdivision shall have jurisdiction within such facility for the purpose of acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful to carry certain items to a public gathering; to change a short title; to repeal conflicting laws; and for other purposes.
SB 367. By Senators Hill of the 4th, Golden of the 8th, Hamrick of the 30th, Marable of the 52nd and Cable of the 27th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to change eligibility requirements for certain students attending a private postsecondary institution less than 12 quarter or semester hours because of one or more disabilities; to provide for prorated awards for such students; to revise definitions; to repeal conflicting laws; and for other purposes.
SB 414. By Senators Hill of the 4th, Thomas of the 10th and Ragan of the 11th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to revise certain definitions; to repeal certain provisions of law regarding vote recorders; to provide for the Secretary of State to provide by rule and regulation for certain instructions for ballots and voting equipment; to provide that the state shall provide a uniform system of direct recording electronic voting equipment for use by counties in the state by 2004; to provide for municipalities to acquire such systems and counties to acquire additional such equipment; to provide for use of bonds for acquiring such systems; to provide for provisional ballots; to provide for the method of voting and counting such ballots; to repeal conflicting laws; and for other purposes.
SB 433. By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the general provisions of penal institutions, so as to provide that persons required to be registered as sexual

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offenders must provide school name, enrollment status, and vocation information; to provide that this additional information be entered into the Georgia Crime Information Center data base; to provide that the Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration to any law enforcement agency having jurisdiction where an institution of higher education is located; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 441. By Senators Walker of the 22nd and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 43-15-3 of the Official Code of Georgia Annotated, relating to creation and membership of the State Board of Registration for Professional Engineers and Land Surveyors, so as to change the membership of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 442. By Senators Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Community Health to award grants, as funds become available, to rural hospitals for public health purposes; to provide for the Department of Community Health to promulgate rules and regulations for effective administration of such grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 446. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 447. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved January 23, 1993 (Ga. L. 1993, p. 5251), so as to define the term "transit operating revenue"; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 452. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; to repeal conflicting laws; and for other purposes.
SB 469. By Senators Marable of the 52nd, Mullis of the 53rd, Dean of the 31st, Starr of the 44th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to operation of funeral establishments, so as to change certain provisions relating to suspension or revocation of licenses; to provide for inspections; to repeal conflicting laws; and for other purposes.
SB 488. By Senators Meyer von Bremen of the 12th, Lee of the 29th, Golden of the 8th and Butler of the 55th:
A BILL to be entitled an Act to regulate commercial motor vehicles and motor common carriers and motor contract carriers; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to change certain provisions relating to definitions relative to commercial drivers licenses; to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation; to repeal conflicting laws; and for other purposes.
SB 495. By Senators Hamrick of the 30th, Haines of the 46th, Moore of the 18th and Harp of the 16th:
A BILL to be entitled an Act to amend Code Section 36-15-7 of the Official Code of Georgia Annotated, relating to county law libraries use of funds, so as to require the use of funds for judges of the state courts; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 496. By Senators Seabaugh of the 28th and Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Spalding County Collaborative Authority for Families and Children, approved March 27, 1998 (Ga. L. 1998, p. 3945), so as to include senior citizens within the purview of the authoritys undertaking; to provide for an additional member; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 500. By Senators Thompson of the 33rd, Dean of the 31st, Starr of the 44th, Mullis of the 53rd, Walker of the 22nd and others:
A BILL to be entitled an Act to enact the "Natural Gas Consumers Relief Act;" to amend Chapter 2 of Title 46 of the O.C.G.A., relating to the Public Service Commission, so as to allow 90 days for commission orders after a hearing regarding electric fuel cost recovery or adoption or amendment of natural gas capacity supply plans; to authorize the Public Service Commission to seek an injunction against the violation of any law administered by the commission or any rule, order, or regulation established by the commission; to amend Article 5 of Chapter 4 of Title 46 of the O.C.G.A., the "Natural Gas Competition and Deregulation Act," so as to revise extensively and comprehensively; to revise legislative findings and intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 517. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th and Johnson of the 1st:
A BILL to be entitled an Act to amend Article 12 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to the powers of trustees, so as to impose certain restrictions on the extent to which a trustee who is also a beneficiary of a trust may exercise discretionary powers of distribution over income or principal for his or her own benefit; to provide for the application to amendable trusts or trusts executed after enactment unless the terms of the trust expressly provide otherwise and to trusts executed before enactment unless all interested parties elect otherwise within three years; to provide for the appointment of an independent trustee to exercise any otherwise proscribed powers; to provide for definitions; to repeal conflicting laws; and for other purposes.
SB 530. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th and Harp of the 16th:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional

MONDAY, MARCH 25, 2002

2275

bondsmen, so as to require continuing education as a condition of a professional bondsman or bail recovery agent conducting business in a county; to provide for the approval of continuing education programs; to provide a maximum fee for continuing education; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1453. By Representatives Pinholster of the 15th and Grasse of the 16th:
A BILL to create the Canton Building Authority as a public corporation and an instrumentality of the State of Georgia; and for other purposes.
HB 1454. By Representatives Hammontree of the 4th and Williams of the 5th:
A BILL to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, so as to change the description of the education districts; and for other purposes.
HB 1456. By Representative Smith of the 103rd:
A BILL to amend an Act providing for election of members of the Board of Education of Heard County, so as to change the description of the education district; and for other purposes.
HB 1458. 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, so as to increase the clerical help allowance of the clerk of the judge of the probate court; and for other purposes.
HB 1468. By Representative Amerson of the 7th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Lumpkin County, so as to provide for the nomination and election of members of the board of education in nonpartisan primaries and elections; and for other purposes.
HB 1484. By Representative Boggs of the 168th:
A BILL to amend an Act creating a board of commissioners for Ware County, so as to reapportion the commissioner districts; and for other purposes.

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HB 1499. By Representatives Keen of the 174th and Tillman of the 173rd:
A BILL to provide for a nonbinding referendum for residents of the Glynn County School District regarding reconstituting the Glynn County Board of Education; and for other purposes.
HB 1507. By Representative Jenkins of the 110th:
A BILL to amend an Act reconstituting the Board of Education of Jasper County, so as to change provisions relating to education districts for the board; and for other purposes.
HB 1508. By Representative Jenkins of the 110th:
A BILL to amend an Act creating the board of commissioners of Jasper County, so as to reapportion the commissioner districts; and for other purposes.
HB 1509. By Representative Jenkins of the 110th:
A BILL to provide a homestead exemption from certain Monroe County School District ad valorem taxes for educational purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that School District and a homestead exemption from Monroe 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 $20,000.00 and who are 65 years of age or over; and for other purposes.
HB 1517. By Representative Lord of the 121st:
A BILL to amend an Act creating the board of commissioners of Washington County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1518. By Representative Lord of the 121st:
A BILL to amend an Act to reconstitute the Board of Education of Washington County, so as to revise the districts for the election of members of the board of education; and for other purposes.

MONDAY, MARCH 25, 2002

2277

HB 1520. By Representative Houston of the 166th:
A BILL to amend an Act creating the Board of Education of Berrien County, so as to change the description of the districts from which members of such board are elected; and for other purposes.
HB 1532. By Representative Smith of the 175th:
A BILL to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain county officers of Camden County; and for other purposes.
HB 1534. By Representative Channell of the 111th:
A BILL to amend an Act to change the method of electing members for the Board of Education of Putnam County, so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 1546. By Representative Smith of the 102nd:
A BILL to create a board of elections and registration for Harris County and provide for its powers and duties; and for other purposes.
HB 1550. By Representatives Forster of the 3rd and Snow of the 2nd:
A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; to remove certain limitations on the use of such clerical allowance funds; and for other purposes.
HB 1551. By Representative Hudgens of the 24th:
A BILL to amend an Act creating the board of commissioners of Madison County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1555. By Representatives Floyd of the 138th and James of the 140th:
A BILL to amend an Act establishing the membership of the Board of Education of Dooly County, so as to change the description of the education districts; and for other purposes.

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The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 691. By Senator Blitch of the 7th:
A RESOLUTION designating SR 94 in Echols County as the Dan J. DeLoach Highway and extending sympathy to the family of the late Mr. DeLoach; and for other purposes.
SR 695. By Senators Hill of the 4th and Starr of the 44th:
A RESOLUTION designating the Norman W. Fries Memorial Highway; and for other purposes.
SR 777. By Senators Harp of the 16th, Hooks of the 14th and Harbison of the 15th:
A RESOLUTION designating the Robert Henry Jordan Memorial Highway; and for other purposes.
SR 780. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION designating the Joy Kleeman Memorial Bikeway on a portion of U.S. 80; and for other purposes.
SR 785. By Senators Brown of the 26th and Cable of the 27th:
A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes.
SR 786. By Senators Brown of the 26th, Cable of the 27th, Meyer von Bremen of the 12th and Harp of the 16th:
A RESOLUTION designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1510. By Representative Jenkins of the 110th:
A BILL to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts; and for other purposes.

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2279

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 330. By Senators Hecht of the 34th and Starr of the 44th:
A BILL to be entitled an Act to provide a short title; to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to provide that law enforcement officers of counties containing an airport or landing strip controlled by another political subdivision shall have jurisdiction within such facility for the purpose of acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful to carry certain items to a public gathering; to change a short title; to repeal conflicting laws; and for other purposes.
3/25/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SB 330. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jenkins District 110
Referred to the Committee on Special Judiciary.
SB 367. By Senators Hill of the 4th, Golden of the 8th, Hamrick of the 30th, Marable of the 52nd and Cable of the 27th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to change eligibility requirements for certain students attending a private postsecondary institution less than 12 quarter or semester hours because of one or more disabilities; to provide for prorated

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JOURNAL OF THE HOUSE
awards for such students; to revise definitions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Higher Education.

SB 414. By Senators Hill of the 4th, Thomas of the 10th and Ragan of the 11th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to revise certain definitions; to repeal certain provisions of law regarding vote recorders; to provide for the Secretary of State to provide by rule and regulation for certain instructions for ballots and voting equipment; to provide that the state shall provide a uniform system of direct recording electronic voting equipment for use by counties in the state by 2004; to provide for municipalities to acquire such systems and counties to acquire additional such equipment; to provide for use of bonds for acquiring such systems; to provide for provisional ballots; to provide for the method of voting and counting such ballots; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 433. By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the general provisions of penal institutions, so as to provide that persons required to be registered as sexual offenders must provide school name, enrollment status, and vocation information; to provide that this additional information be entered into the Georgia Crime Information Center data base; to provide that the Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration to any law enforcement agency having jurisdiction where an institution of higher education is located; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

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SB 441. By Senators Walker of the 22nd and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 43-15-3 of the Official Code of Georgia Annotated, relating to creation and membership of the State Board of Registration for Professional Engineers and Land Surveyors, so as to change the membership of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry.
SB 442. By Senators Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Community Health to award grants, as funds become available, to rural hospitals for public health purposes; to provide for the Department of Community Health to promulgate rules and regulations for effective administration of such grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Ecology.
SB 446. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change certain provisions relating to use of proceeds of a sales and use tax for the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
SB 447. By Senator Thomas of the 10th:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga.

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L. 1965, p. 2243), as amended, particularly by an Act approved January 23, 1993 (Ga. L. 1993, p. 5251), so as to define the term "transit operating revenue"; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 452. By Senator Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and an annual report, so as to provide that a conservation use covenant may be renewed and continued without a lapse in the agreement; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 469. By Senators Marable of the 52nd, Mullis of the 53rd, Dean of the 31st, Starr of the 44th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to operation of funeral establishments, so as to change certain provisions relating to suspension or revocation of licenses; to provide for inspections; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industry.

SB 488. By Senators Meyer von Bremen of the 12th, Lee of the 29th, Golden of the 8th and Butler of the 55th:
A BILL to be entitled an Act to regulate commercial motor vehicles and motor common carriers and motor contract carriers; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to change certain provisions relating to

MONDAY, MARCH 25, 2002

2283

registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to change certain provisions relating to definitions relative to commercial drivers licenses; to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation; to repeal conflicting laws; and for other purposes.

3/19/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SB 488. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Parham District 122

Referred to the Committee on Motor Vehicles.

SB 495. By Senators Hamrick of the 30th, Haines of the 46th, Moore of the 18th and Harp of the 16th:
A BILL to be entitled an Act to amend Code Section 36-15-7 of the Official Code of Georgia Annotated, relating to county law libraries use of funds, so as to require the use of funds for judges of the state courts; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 496. By Senators Seabaugh of the 28th and Lee of the 29th:
A BILL to be entitled an Act to amend an Act creating the Spalding County Collaborative Authority for Families and Children, approved March 27, 1998 (Ga. L. 1998, p. 3945), so as to include senior citizens within the purview of the authoritys undertaking; to provide for an additional member; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
SB 500. By Senators Thompson of the 33rd, Dean of the 31st, Starr of the 44th, Mullis of the 53rd, Walker of the 22nd and others:
A BILL to be entitled an Act to enact the "Natural Gas Consumers Relief Act;" to amend Chapter 2 of Title 46 of the O.C.G.A., relating to the Public Service Commission, so as to allow 90 days for commission orders after a hearing regarding electric fuel cost recovery or adoption or amendment of natural gas capacity supply plans; to authorize the Public Service Commission to seek an injunction against the violation of any law administered by the commission or any rule, order, or regulation established by the commission; to amend Article 5 of Chapter 4 of Title 46 of the O.C.G.A., the "Natural Gas Competition and Deregulation Act," so as to revise extensively and comprehensively; to revise legislative findings and intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industry.
SB 517. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th and Johnson of the 1st:
A BILL to be entitled an Act to amend Article 12 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to the powers of trustees, so as to impose certain restrictions on the extent to which a trustee who is also a beneficiary of a trust may exercise discretionary powers of distribution over income or principal for his or her own benefit; to provide for the application to amendable trusts or trusts executed after enactment unless the terms of the trust expressly provide otherwise and to trusts executed before enactment unless all interested parties elect otherwise within three years; to provide for the appointment of an independent trustee to exercise any otherwise proscribed powers; to provide for definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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2285

SB 530. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th and Harp of the 16th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to require continuing education as a condition of a professional bondsman or bail recovery agent conducting business in a county; to provide for the approval of continuing education programs; to provide a maximum fee for continuing education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Judiciary.
SR 691. By Senator Blitch of the 7th: A RESOLUTION designating SR 94 in Echols County as the Dan J. DeLoach Highway and extending sympathy to the family of the late Mr. DeLoach; and for other purposes.
Referred to the Committee on Transportation.
SR 695. By Senators Hill of the 4th and Starr of the 44th: A RESOLUTION designating the Norman W. Fries Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.
SR 777. By Senators Harp of the 16th, Hooks of the 14th and Harbison of the 15th: A RESOLUTION designating the Robert Henry Jordan Memorial Highway; and for other purposes.
Referred to the Committee on Transportation.

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SR 780. By Senators Johnson of the 1st and Thomas of the 2nd:
A RESOLUTION designating the Joy Kleeman Memorial Bikeway on a portion of U.S. 80; and for other purposes.

Referred to the Committee on Transportation.

SR 785. By Senators Brown of the 26th and Cable of the 27th:
A RESOLUTION designating the William S. Hutchings Bridge at the Interstate 75 South and SR 74 interchange in Macon; and for other purposes.

Referred to the Committee on Transportation.

SR 786. By Senators Brown of the 26th, Cable of the 27th, Meyer von Bremen of the 12th and Harp of the 16th:
A RESOLUTION designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon; and for other purposes.

Referred to the Committee on Transportation.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 38.

By Representative Royal of the 164th:
A BILL to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of county departments of family and children services, so as to provide for creditable service for certain service; to provide for application and the payment of employee contributions; and for other purposes.

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The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by employees of county departments of family and children services, so as to provide for creditable service for certain service; to provide for application and the payment of employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership in the Employees Retirement System of Georgia by employees of county departments of family and children services, is amended by inserting at the end thereof the following:
"(f)(1) Any member subject to the provisions of this Code section may obtain creditable service for prior service as an employee of a private hospital which provided family and children services pursuant to a contract with a county and who, without a break in service, became an employee of the county department of family and children services; provided, however, that no such credit shall be granted for any prior service which has been used or may be used in the determination of the members eligibility for retirement benefits or allowances in any other public or private retirement system. (2) In order to obtain creditable service as provided by this subsection, the member shall make application to the board of trustees in such form as the board deems proper, accompanied by such evidence of prior employment as the board deems necessary and payment of such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. (3) Applications for the creditable service provided by this subsection must be made not later than December 31, 2002."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Royal of the 164th, was read and adopted:
A BILL
To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain court and other county employees in the Employees Retirement System of Georgia, so as to provide that certain employees of community service boards may obtain creditable service for certain prior service as employees of private hospitals; to provide for application and the payment of employee and employer contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain court and other county employees in the Employees Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-2-299. (a) Any member who is an employee of a community service board created by Code Section 37-2-6 may obtain creditable service for prior service as an employee of a private nonprofit hospital which was deemed to be the community health center through a contractual master agreement with the Department of Human Resources and which was authorized to bill medicaid for outpatient clinic option services under the state community mental health program prior to December 31, 1991, and who, without a break in service, became an employee of the community service board in the same position he or she held with the private hospital. Such credit shall be granted regardless of whether any prior service has been used or may be used in the determination of the members eligibility for retirement benefits or allowances in a private retirement system. (b) In order to obtain creditable service as provided by this Code section, the member shall make application to the board of trustees in such form as the board deems proper, accompanied by such evidence of prior employment as the board deems necessary and payment of such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system.

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(c) Application for the creditable service provided by this Code section must be made not later than December 31, 2002."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers

Y Cox Y Crawford Y Cummings Y Davis
Day Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Heckstall Y Hembree

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham
Manning Y Massey Y McBee
McCall Y McClinton

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Ray Y Reece Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay

Y Smith, 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Wiles Y Wilkinson

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Y Coan Y Coleman, B
Coleman, T Y Collins
Connell Cooper

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Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

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 Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 487. By Representatives Buckner of the 95th, Randall of the 127th, Crawford of the 129th, Coleman of the 142nd, Barnes of the 97th and others:
A BILL to amend the Official Code of Georgia Annotated so as to change references to the Department of Archives and History to the Division of Archives and History; and for other purposes.

The following Committee substitute was read:

A BILL
To amend the Official Code of Georgia Annotated so as to change references to the Department of Archives and History to the Division of Archives and History; to revise its purposes; to provide for operating hours; to provide for access to certain genealogical records and data; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking subsection (b) of Code Section 12-5-331, relating to duties and powers of Department of Natural Resources as to development of states rivers, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Such information pertinent to the development of Georgias rivers as may be obtained by the Department of Natural Resources may be filed from time to time with the Department of Industry, Trade, and Tourism and, subject to approval of the

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Governor and the Secretary of State, with the Department Division of Archives and History."
SECTION 2. Said title is further amended by striking Code Section 12-10-21, relating to bylaws and amendments filed with Department of Archives and History, in its entirety and inserting in lieu thereof a new Code Section 12-10-21 to read as follows:
"12-10-21. Copies of bylaws and amendments to be filed pursuant to Article VI (j) of the agreement shall be filed with the Department Division of Archives and History."
SECTION 3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (a) of Code Section 15-9-43, relating to preservation of newspapers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The issues of the newspapers preserved as required in paragraph (9) of Code Section 15-9-37 shall be bound, microfilmed, photostated, or photographed; and such newspapers, microfilm, photographs, or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time the newspapers, microfilm, photographs, or other photostatic copies may be donated to a library or historical society, with the concurrence of the director of the Department Division of Archives and History, in the discretion of the judge of the probate court."
SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking paragraph (3) of subsection (k) of Code Section 16-14-7, relating to forfeiture proceedings, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Transfer to the Department Division of Archives and History of property useful for historical or instructional purposes;"
SECTION 5. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (a) of Code Section 17-5-53, relating to disposition of devices with historical or instructional value, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) After a forfeiture of a device used in a crime, in the event the director of the Department Division of Archives and History or the commissioner of public safety, in that order or priority, shall desire to receive and retain a device described in Code Section 17-5-51 for historical or instructional purposes of his or her division or department and gives written notice thereof to the sheriff, either prior to the sheriffs advertisement of the device for sale or within ten days thereafter, the sheriff shall forthwith deliver the device to the requesting division or department which shall retain

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the device for such purposes. A device delivered to either the division or the department in accordance with this Code section shall become the property of the state."
SECTION 6. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (k) of Code Section 20-5-2, relating to powers and duties of the board of regents and director of University of Georgia Libraries, in its entirety and inserting in lieu thereof a new subsection (k) to read as follows:
"(k) The director of the University of Georgia Libraries may transfer books and other library holdings to the Department Division of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the University of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books."
SECTION 7. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (e) of Code Section 36-36-3, relating to report identifying annexed property, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Department of Community Affairs shall maintain the annexation reports submitted to it pursuant to this Code section for two years. Annexation reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title 50 while maintained in the possession of the Department of Community Affairs. Two years after receipt of an annexation report from a municipality, the Department of Community Affairs shall transfer possession of such report to the Department Division of Archives and History for permanent retention."
SECTION 8. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-6-12, relating to duty of incumbent to deliver office property to successor, in its entirety and inserting in lieu thereof a new Code Section 45-6-12 to read as follows:
"45-6-12. The director of the Department Division of Archives and History, or his or her designee, is authorized to act as agent for any public officer or his or her successor in office, or in those cases where the office is abolished or no successor is appointed or elected, to recover books, papers, and other office property in the manner provided in Code Sections 45-6-10 and 45-6-11. The director may initiate such action on his or her

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own volition and succeeds to all rights and remedies as the successor in office would normally have in the property."
SECTION 9. Said title is further amended by striking Code Section 45-13-40, relating to the Department of Archives and History, in its entirety and inserting in lieu thereof a new Code Section 45-13-40 to read as follows:
"45-13-40. There is established a Department within the office of the Secretary of State a Division of Archives and History in lieu of the office of compiler of state records which shall also be known as the Georgia Archives."
SECTION 10. Said title is further amended by striking Code Section 45-13-41, relating to objectives and purposes generally, in its entirety and inserting in lieu thereof a new Code Section 45-1341 to read as follows:
"45-13-41. The objects and purposes of the department Georgia Archives shall be to:
(1) Ensure the retention and preservation of the records of any state or local agency with historical and research value by providing for the application of modern and efficient methods to the creation, utilization, maintenance, retention, preservation, and disposal of records; (2) Provide an archival and records depository in which to assemble and maintain the official archives and other inactive records of the state not in current and common use; (3) Collect from the files of old newspapers, court records, church records, private collections, and other sources data of all kinds bearing upon the history of the state; (4) Secure from private individuals, either by loan or gift, rare volumes, manuscripts, documents, and pamphlets for the use of this department division; (5) Obtain, either by loan or gift, historical trophies, souvenirs, and relics; (6) Classify, edit, annotate, and publish from time to time such records as may be deemed expedient and proper, including messages of Governors, executive orders, state papers, and military rosters of the Revolutionary, Indian, Mexican, Civil, and European wars; (7) Diffuse knowledge in regard to the states history; (8) Prepare biennially an official register giving the latest information of an official character in regard to the state, including a full list of state officers, legislators, judges, district attorneys, members of Congress, county officials, etc., together with other pertinent items of information; (9) Encourage the proper marking of battlefields, houses, and other places celebrated in the history of the state; (10) Encourage the study of Georgia history in the public schools; (11) Assist in the observance of patriotic occasions;

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(12) Assist and cooperate with the members of the Georgia Commission for the National Bicentennial Celebration in carrying out the lawful functions and programs of the commission; (13)(12) Plan and coordinate celebrations and observations of events and anniversaries having historic or special significance to this state; (14)(13) Stimulate historical research, especially in the prosecution of local histories; (15)(14) Foster sentiment looking to the better protection, classification, and arrangement of records in the various courthouses of the state; and (16) Prepare a bibliography of Georgia and indicate, by title at least, every book written about Georgia or by Georgia authors; and (17)(15) Collect biographical information in regard to all public officials and to keep same on file, in a classified arrangement, for convenient reference by investigators."
SECTION 11. Said title is further amended by striking Code Section 45-13-42, relating to duties of department with respect to Indians generally, in its entirety and inserting in lieu thereof a new Code Section 45-13-42 to read as follows:
"45-13-42. It shall be the duty of the department division to study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; to investigate relief needs of Indians of Georgia and to provide technical assistance in the preparation of plans for the alleviation of such needs; to confer with appropriate officials of local, state, and federal governments, and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs, in order to encourage and implement coordination of applicable resources to meet the needs of Indians in Georgia; to cooperate with and secure the assistance of the local, state, and federal governments, or any agencies thereof, in formulating any such programs and to coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government, to the end that the department division secures the full benefit of such programs; to review all proposed or pending state legislation and amendments to existing state legislation affecting Indians in Georgia; to conduct public hearings on matters relating to Indian affairs; to subpoena any information or documents deemed necessary by the department division; to study the existing status of recognition of all Indian groups, tribes, and communities presently existing in the state; to establish appropriate procedures to provide for legal recognition by the state of presently unrecognized groups and to initiate procedures for their recognition by the federal government; to expend funds in compliance with state regulations; to make legislative recommendations; and to make and publish reports of findings and recommendations."
SECTION 12. Said title is further amended by striking Code Section 45-13-43, relating to preservation and fostering of Indian culture and heritage, in its entirety and inserting in lieu thereof a

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new Code Section 45-13-43 to read as follows: "45-13-43. A further purpose of the department division shall be to preserve and foster the culture and heritage of Indians and Indian descendents in this state and to be the agency to deal with specific federal programs which are required to be dealt with only by an Indian agency or organization. It is not the purpose of the department division to deal with programs already administered by other agencies."
SECTION 13. Said title is further amended by striking Code Section 45-13-44, relating to appointment of director of department, in its entirety and inserting in lieu thereof a new Code Section 45-13-44 to read as follows:
"45-13-44. The department division shall be under the immediate management and control of a director who shall be appointed by and serve at the pleasure of the Secretary of State. Such director shall take an oath of office as other public officials are required to do and shall be commissioned in like manner. Such director shall devote such directors time to the work of the department division, using such directors best efforts to develop and build it up so as to carry out the design of its creation, and shall receive for such directors services a salary to be fixed by the Secretary of State. Such director shall have control and direction of the various activities of the department division, preserve its collections, care for the official archives which may come into its custody, and perform all of the duties enumerated in Code Section 45-13-41."
SECTION 14. Said title is further amended by striking Code Section 45-13-45, relating to the powers of the Secretary of State with regard to management of department generally, in its entirety and inserting in lieu thereof a new Code Section 45-13-45 to read as follows:
"45-13-45. (a) The Secretary of State is authorized to adopt rules for the government of the department division; to appoint a director and to provide for the selection or appointment of such other officials or employees as may be authorized; to provide for the publication, under the supervision of the director, of historical material pertaining to the state; to control and expend such appropriations as may be made for the maintenance of the Department Division of Archives and History; and to do such other acts and things as may be necessary to carry out the true intent and purpose of this article. (b) The Secretary of State is authorized to designate and establish, as a branch depository of the Department Division of Archives and History, facilities occupied by any nonprofit historical association organized for the purpose of collecting, preserving, and diffusing information relating to the history of Georgia, which association has been in continuous existence for a period of at least 100 years; provided, however, that no such designation and establishment of a branch depository shall be made unless the

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Secretary of State shall obtain the prior written approval of the historical association involved and unless the funds are made available to the Secretary of State for the specific purpose of supporting such branch depository. The Secretary of State may expend such funds as are necessary or desirable for the maintenance and operation of any such facilities and for the preservation and safeguarding of the contents thereof and for the employment of such persons as are necessary or desirable for the accomplishment of same. The Secretary of State may enter into such contractual arrangements as he or she deems to be in the public interest for acquiring the title to or loan of any historical records for use in such branch depository or any other depository of the Department Division of Archives and History. Such branch depository shall be under the immediate management and control of the Secretary of State. The Secretary of State may abolish such branch depository at any time."
SECTION 15. Said title is further amended by striking Code Section 45-13-46, relating to surrender of materials to department for preservation, in its entirety and inserting in lieu thereof a new Code Section 45-13-46 to read as follows:
"45-13-46. Any state, county, or other official is authorized, in his or her discretion, to turn over for permanent preservation in the Department Division of Archives and History any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes not in current use in his or her office. The Secretary of State shall provide for the preservation of said materials; and, when so surrendered, copies thereof shall be made and certified by the director upon the application of any person interested, which certification shall have the same force and effect as if made by the officers originally in custody of them and for which the same fees shall be charged."
SECTION 16. Said title is further amended by striking Code Section 45-13-49, relating to printing of circulars, notices, or forms, in its entirety and inserting in lieu thereof a new Code Section 45-13-49 to read as follows:
"45-13-49. All circulars, notices, or forms which may be needed for the use of the department division and all official communications, reports, or any other printing of the department division shall be printed and paid for as other printing of the state."
SECTION 17. Said title is further amended by striking Code Section 45-13-50, relating to department facilities and records to be open to public on Saturdays, in its entirety and inserting in lieu thereof a new Code Section 45-13-50 to read as follows:
"45-13-50. The Department Division of Archives and History shall make accessible to the general public between for not less than the hours of 9:30 A.M. and to 3:30 P.M. on every

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Saturday, except legal holidays and such days as may be required to relocate the division and the records therein, such records and facilities as are ordinarily available to the public during regular office hours on weekdays."
SECTION 18. Said title is further amended by striking subsections (a), (c), (h), and (k) of Code Section 45-13-55, relating to creation of Georgia Historical Records Advisory Board, in their entirety and inserting in lieu thereof new subsections (a), (c), (h), and (k) to read as follows:
"(a) As used in this article, the term: (1) 'Board' means the Georgia Historical Records Advisory Board created under this article. (2) 'Department Division' means the Department Division of Archives and History."
"(c) The purpose of the board shall be to advise the Secretary of State and the Department Division of Archives and History; to serve as the state advisory body required by federal granting agencies; and to encourage cooperative efforts to improve the condition of Georgias historical records." "(h) The director of the Department Division of Archives and History shall serve as Georgia historical records coordinator and assist the board in its activities." "(k) The board shall be administratively assigned to the department division."
SECTION 19. Said title is further amended by striking paragraph (2) of Code Section 45-13-56, relating to the powers and duties of the board, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Serve in an advisory capacity to the Department Division of Archives and History on issues concerning records;"
SECTION 20. Said title is further amended by striking Code Section 45-13-83, relating to determination of archival value of surplus printed material, in its entirety and inserting in lieu thereof a new Code Section 45-13-83 to read as follows:
"45-13-83. (a) When the Secretary of State receives an inventory of surplus printed material as provided for by Code Section 45-13-82, he or she shall make a determination of whether or not any of such surplus printed material has archival value within the meaning of Article 3 of this chapter, relating to the Department Division of Archives and History. The Secretary of State shall be authorized to use such personnel of the Department Division of Archives and History as may be necessary to make the determination provided for in this Code section. If the determination cannot be made on the basis of the description of the surplus printed material included in the inventory of such material, the Secretary of State or his or her designee shall visit the state agency which submitted the inventory for the purpose of examining the surplus printed material

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listed on such inventory; and the determination required in this Code section may be made on the basis of such examination. (b) If any surplus printed material is determined to have archival value as provided by subsection (a) of this Code section, the Secretary of State is authorized to direct the state agency which submitted the inventory to release such printed material to the Department Division of Archives and History. The Secretary of State shall make or cause to be made a notation on the inventory for each item of surplus printed material released to the Department Division of Archives and History; and a copy of such inventory, signed by the Secretary of State or his or her designee, containing the notations thereon shall be transmitted to the originating state agency. The state agency submitting the inventory shall be authorized to deliver surplus printed material having archival value to the Department Division of Archives and History if the state agency has transportation available for such purpose. If the state agency does not have transportation available for such purpose, the Department Division of Archives and History shall provide for the transportation of surplus printed material having archival value."
SECTION 21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking paragraph (8) of Code Section 50-9-62, relating to the powers and duties of the executive center fine arts committee, in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Keep a complete list of all furnishings and of all gifts and articles received, together with their history and value, and request the assistance of the Department Division of Archives and History for this purpose."
SECTION 22. Said title is further amended by striking Code Section 50-11-9, relating to transfer, sale, destruction, or other disposal of books and other library holdings, in its entirety and inserting in lieu thereof a new Code Section 50-11-9 to read as follows:
"50-11-9. The librarian may transfer books and other library holdings to the Department Division of Archives and History, the State Board of Education, and the Board of Regents of the University System of Georgia, each of which is empowered to accept such transfers. Books and other library holdings which are obsolete, defective, worn-out, or surplus, or otherwise in the discretion of the librarian are not required in the operation of the library, may be sold, destroyed, or otherwise disposed of by the librarian, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45, relating to the disposition of surplus state books."
SECTION 23. Said title is further amended by striking paragraphs (3), (4), and (6) of Code Section 5018-91, relating to definitions, in their entirety and inserting in lieu thereof new paragraphs

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(3), (4), and (6) to read as follows: "(3) 'Department Division' means the Department Division of Archives and History of the Office of the Secretary of State. (4) 'Georgia State Archives' means an establishment maintained by the department division for the preservation of those records and other papers that have been determined by the department division to have sufficient historical and other value to warrant their continued preservation by the state and that have been accepted by the department division for deposit in its custody." "(6) 'Records center' means an establishment maintained by the department division primarily for the storage, processing, servicing, and security of public records that must be retained for varying periods of time but need not be retained in an agencys office equipment or office space."
SECTION 24. Said title is further amended by striking subsection (a) of Code Section 50-18-92, relating to the creation of State Records Committee, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the State Records Committee, to be composed of the Governor, the Secretary of State, an appointee of the Governor who is not the Attorney General, the state auditor, and an officer of a governing body, as such terms are defined in subsection (a) of Code Section 50-18-99, to be appointed by the Secretary of State, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend, or modify retention schedules submitted by agency heads, school boards, county governments, and municipal governments through the department division for the disposition of records based on administrative, legal, fiscal, or historical values. The retention schedules, once approved, shall be authoritative, shall be directive, and shall have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairperson of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Code section."
SECTION 25. Said chapter is further amended by striking Code Section 50-18-93, relating to duties of the department, in its entirety and inserting in lieu thereof a new Code Section 50-18-93 to read as follows:
"50-18-93. It shall be the duty of the department division to:
(1) Establish and administer, under the direction of a state records management officer, who shall be employed under the rules and regulations of the state merit system, a records management program;

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(2) Develop and issue procedures, rules, and regulations establishing standards for efficient and economical management methods relating to the creation, maintenance, utilization, retention, preservation, and disposition of records, filing equipment, supplies, microfilming of records, and vital records programs; (3) Assist state agencies in implementing records programs by providing consultative services in records management, conducting surveys in order to recommend more efficient records management practices, and providing training for records management personnel; and (4) Operate a records center or centers which shall accept all records transferred to it through the operation of approved retention schedules, provide secure storage and reference service for the same, and submit written notice to the applicable agency of intended destruction of records in accordance with approved retention schedules."
SECTION 26. Said chapter is further amended by striking Code Section 50-18-94, relating to duties of agencies, in its entirety and inserting in lieu thereof a new Code Section 50-18-94 to read as follows:
"50-18-94. It shall be the duty of each agency to:
(1) Cause to be made and preserved records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the government and of persons directly affected by the agencys activities; (2) Cooperate fully with the department division in complying with this article; (3) Establish and maintain an active and continuing program for the economical and efficient management of records and assist the department division in the conduct of records management surveys; (4) Implement records management procedures and regulations issued by the department division; (5) Submit to the department division, in accordance with the rules and regulations of the department division, a recommended retention schedule for each record series in its custody, except that schedules for common-type files may be established by the department division. No records will be scheduled for permanent retention in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records requiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation; (6) Establish necessary safeguards against the removal or loss of records and such further safeguards as may be required by regulations of the department division. The safeguards shall include notification to all officials and employees of the agency that no records in the custody of the agency are to be alienated or destroyed except in accordance with this article; and

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(7) Designate an agency records management officer who shall establish and operate a records management program."
SECTION 27. Said chapter is further amended by striking subsection (b) of Code Section 50-18-95, relating to agency heads retaining authority to determine records required by departments, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any records designated confidential by law shall be so treated by the department division in the maintenance, storage, and disposition of such confidential records. These records shall be destroyed in such a manner that they cannot be read, interpreted, or reconstructed."
SECTION 28. Said chapter is further amended by striking Code Section 50-18-97, relating to the effect of the certification of records, in its entirety and inserting in lieu thereof a new Code Section 50-18-97 to read as follows:
"50-18-97. The department division may make certified copies under seal of any records or any preservation duplicates transferred or deposited in the Georgia State Archives or the records center or may make reproductions of such records. The certified copies or reproductions, when signed by the director of the department division, shall have the same force and effect as if made by the agency from which the records were received. The department division may establish and charge reasonable fees for such services."
SECTION 29. Said chapter is further amended by striking subsection (a) of Code Section 50-18-98, relating to title to records, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Title to any record transferred to the Georgia State Archives as authorized by this article shall be vested in the department division. The department division shall not destroy any record transferred to it by an agency without consulting with the proper official of the transferring agency prior to submitting a retention schedule requesting such destruction to the State Records Committee. Access to records of constitutional officers shall be at the discretion of the constitutional officer who created, received, or maintained the records, but no limitation on access to such records shall extend more than 25 years after creation of the records."
SECTION 30. Said chapter is further amended by striking subsection (f) of Code Section 50-18-99, relating to records management programs for local governments, in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

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"(f) The Secretary of State, through the department division, shall coordinate all records management matters for purposes of this Code section. The department division shall provide local governments with a list of common types of records maintained together with recommended retention periods and shall provide training and assistance as required. The department division shall advise local governments of records of historical value which may be deposited in the state archives. All other records shall be maintained by the local government."
SECTION 31. Said chapter is further amended by striking subsection (d) of Code Section 50-18-100, relating to lifting restrictions on access to confidential, classified, or restricted records after 75 years, in its entirety and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) Applications requesting that the State Records Committee review and consider lifting such restrictions may be made either by the director of the department division or by the head of the agency that transferred the record to the archives. (e) Notwithstanding any other provisions of this Code to the contrary, a date of birth or maiden name contained in genealogical research notes, papers, records, and publications donated to or acquired by the division shall be open to any qualified researcher."
SECTION 32. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Mills of the 21st moves to amend the Committee substitute to HB 487 as follows:
On page 5, after line 18 insert "(16) Encourage the study of historical documents including but not limited to those which reflect our National Motto, the Declaration of Independence, the Ten Commandments, the Constitution of the United States and such other nationally recognized documents which contributed to the history of the State of Georgia."

Representative Bordeaux of the 151st moved that the Mills amendment be printed and placed upon the desks.

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The Speaker announced the House in recess until 1:00 o'clock this afternoon.

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The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1462. By Representatives Smith of the 103rd, Westmoreland of the 104th, Yates of the 106th and Brown of the 130th:
A RESOLUTION honoring Superintendent Richard C. Brooks on the occasion of his retirement; and for other purposes.

HR 1463. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Millar of the 59th and others:
A RESOLUTION in memory of the late John Hodges; and for other purposes.

HR 1464. By Representative Yates of the 106th:
A RESOLUTION commending Vivian Yates Campbell on the occasion of her 88th birthday; and for other purposes.

HR 1465. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Millar of the 59th and others:
A RESOLUTION recognizing and commending Savannah Arts Academy and the Professional Association of Georgia Educators (PAGE) and the Georgia Academic Decathlon; and for other purposes.

HR 1466. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Shanahan of the 10th and others:
A RESOLUTION commending Eddie Fahey; and for other purposes.

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HR 1467. By Representative Parrish of the 144th: A RESOLUTION commending Wiley Deal; and for other purposes.

HR 1468. By Representative Parrish of the 144th: A RESOLUTION commending Dantwan Norris; and for other purposes.

HR 1469. By Representative Parrish of the 144th: A RESOLUTION commending Sherri Hunter; and for other purposes.

HR 1470. By Representative Parrish of the 144th: A RESOLUTION commending Michelle Braswell; and for other purposes.

HR 1471. By Representative Parrish of the 144th: A RESOLUTION commending Wyman Scott; and for other purposes.

HR 1472. By Representative Parrish of the 144th: A RESOLUTION commending Lance Webb; and for other purposes.

HR 1473. By Representative Parrish of the 144th: A RESOLUTION commending Marci Dent; and for other purposes.

HR 1474. By Representative Parrish of the 144th: A RESOLUTION commending Terron Pullen; and for other purposes.

HR 1475. By Representative Parrish of the 144th: A RESOLUTION commending Margaret Yarini; and for other purposes.

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HR 1476. By Representative Channell of the 111th: A RESOLUTION commending Cecile Covey; and for other purposes.
HR 1477. By Representatives Teague of the 58th, Wilkinson of the 43rd and Maddox of the 72nd: A RESOLUTION commending and congratulating Bishop C.L. Carter, Sr.; and for other purposes.
HR 1478. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st, Twiggs of the 8th and Bordeaux of the 151st: A RESOLUTION recognizing and commending Lydia Sartain; and for other purposes.
HR 1479. By Representatives Snow of the 2nd and Joyce of the 1st: A RESOLUTION expressing condolences to families in the Walker County area and commending the efforts of certain officials and employees in response to recent events in such county; and for other purposes.
HR 1480. By Representatives Birdsong of the 123rd, Hembree of the 98th, Smith of the 19th, Bunn of the 74th and Roberts of the 162nd: A RESOLUTION commending "Mike" Company of the Third Battalion, Seventh Marine Division (M/3/7); and for other purposes.
HR 1481. By Representative Jennings of the 63rd: A RESOLUTION commending Girl Scout Jennifer Ryan Griffin on her Gold Award; and for other purposes.
HR 1482. By Representatives Hammontree of the 4th, Williams of the 5th and Forster of the 3rd:

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A RESOLUTION expressing regret at the passing of Ruth Souther; and for other purposes.
HR 1483. By Representative Bell of the 25th: A RESOLUTION recognizing the historical Shields-Ethridge Farm; and for other purposes.
HR 1484. By Representative Orrock of the 56th: A RESOLUTION commending Saint Luke Missionary Baptist Church on its 100th anniversary; and for other purposes.
HR 1485. By Representative Rice of the 79th: A RESOLUTION commending Mr. Jimmy Walker and expressing thanks to his wife, Ms. Janette Walker; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1459. By Representative Teper of the 61st: A RESOLUTION commending the Cross Keys High School Indians boys basketball team and inviting the coach and team to appear before the House of Representatives; and for other purposes.
HR 1460. By Representative Birdsong of the 123rd: A RESOLUTION commending the Wilkinson County High School basketball team and inviting the team and the coaches to appear before the House of Representatives; and for other purposes.

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HR 1461. By Representative Bannister of the 77th:
A RESOLUTION inviting the coach and members of the Parkview High School Boys Swim and Diving Team to appear before the House of Representatives; and for other purposes.

HR 1486. By Representatives Ragas of the 64th, Sailor of the 71st, Watson of the 70th, Mobley of the 69th, Teper of the 61st and others:
A RESOLUTION commending Jartavious Johnson and Prince Lewis and inviting them to appear before the House of Representatives; and for other purposes.

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1354 Do Pass, as Amended

Respectfully submitted, /s/ Royal of the 164th
Chairman

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 1788. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Graves of the 125th and Ray of the 128th:
A BILL to repeal an Act amending the Act establishing the Board of Public Education and Orphanage of Bibb County and which was contingent upon approval of the voters of Bibb County in a referendum to be conducted on the date of the November, 2002, general election; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
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 210. By Representatives McBee of the 88th, Cummings of the 27th, Purcell of the 147th, Taylor of the 134th, Coleman of the 80th and others:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide conditions pursuant to which a retired member of such retirement system may return to service and maintain his or her benefits; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide conditions pursuant to which a retired member of such retirement system may return to service and maintain his or her benefits; to define certain terms; to provide that under certain conditions, a local school system may employ a retired member of such retirement system as a full-time classroom teacher; to provide conditions of such employment; to provide that such provisions shall not become a part of the employment contract and shall be subject to legislation; to provide for a limitation on the number of retired teachers and the duration of such employment; to provide a penalty for noncompliance; to provide for an automatic repeal of all such provisions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, is amended by striking in its entirety subsection (a) of Code Section 47-3-127, relating to the effect of restoration to service on retirement allowances, and inserting in lieu thereof the following:
"(a) If, except as provided in Code Section 47-3-127.1, a beneficiary is restored to service as a teacher, he or she may elect:
(1) Cessation of his or her retirement allowance, in which case he or she shall again become a contributing member of the retirement system and be governed by the retirement provisions of this chapter; or (2) Not to reinstate his or her membership in the retirement system, in which case his or her retirement benefits shall be suspended during the period of time he or she is restored to service. Upon cessation of such service, his or her prior retirement allowance shall be resumed. If the returning beneficiary fails to elect either choice, his or her status shall be as if he or she had elected paragraph (1) of this subsection."
SECTION 2. Said article is further amended by striking in its entirety paragraph (1) of subsection (e) of said Code Section 47-3-127 and inserting in lieu thereof the following:
"(e)(1) A beneficiary of this retirement system shall be deemed to be restored to service within the meaning of this Code section if, except as otherwise provided in Code Section 47-3-127.1, such beneficiary is employed by an employer:
(A) In a position previously held by a teacher; or (B) In a capacity which would normally be held by a teacher, as determined by the board of trustees, whether employed directly or indirectly, for which the compensation is greater than one-half of the beneficiarys average annual compensation used to calculate his or her retirement benefit or the beneficiarys final compensation at the time of his or her retirement, whichever is larger; provided, however, that such amount shall be increased by any annual cost-of-living adjustment reflected in the state teacher salary schedule."
SECTION 3. Said article is further amended by inserting immediately following said Code Section 473-127 a new Code section to read as follows:
"47-3-127.1. (a) As used in this Code section, the term:
(1) 'Classroom teacher' means: (A) A certified teacher of grades prekindergarten through 12 employed by the public schools who has as his or her primary responsibility the academic instruction of students in a classroom. Such term shall not apply to any teacher whose duties include in whole or in part service as an athletic coach;

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(B) A certified public school librarian; and (C) A certified school counselor. (2) 'Retired teacher' means a member of this retirement system who retired on or before July 1, 2004, on a service retirement with at least 30 years of creditable service or after attaining the age of 60 years. (b)(1) A local school system may employ a retired teacher as a full-time classroom teacher and such person shall be subject to the provisions of subsection (c) of this Code section if the State Board of Education certifies to the board of trustees that: (A) Such hiring is necessary because of compelling economic or geographic need; (B) The local school system has diligently and in good faith attempted to find and employ a qualified teacher for the position and has been unable to do so; and (C) The retired teacher under consideration for the position is fully qualified to fill the position. (2) The State Board of Education shall develop rules and procedures to carry out the provisions of this subsection. The board of trustees may, in its discretion, require such additional information or documents from the local school system as it deems necessary. No such retired teacher shall be employed under the provisions of this subsection until the board of trustees approves such employment. (3) The number of retired teachers any local school system may employ under this subsection shall not exceed 1 percent of the total number of full-time classroom teachers employed by the school system at the end of the preceding contract year; provided, however, that any local school system may employ at least ten retired teachers. (4) No retired teacher may be employed under the provisions of this subsection until he or she has been retired under this retirement system for at least one month. (5) No retired teacher shall be employed under the provisions of this subsection for more than a total of five years. Each such retired teacher shall be employed under a contract not exceeding 12 months in duration. The certification of the State Board of Education provided for in paragraph (1) of this subsection shall be required prior to each subsequent contract. No local school system shall enter into a contract for services to be performed on or after July 1, 2008. (6) The salary paid to any retired teacher employed as a classroom teacher under this Code section shall be commensurate with the position and the individuals qualifications and experience. (7) A public school system employing a retired teacher subject to this subsection shall pay all employer contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (8) A public school system employing a retired teacher pursuant to this subsection shall notify the board of trustees of this retirement system in writing as soon as practicable, but not later than the commencement of employment, providing such information as the board deems proper.

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(c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher for a total of not more than five years if he or she is employed solely under the conditions contained in this Code section, and such members benefits under this article shall not be affected; provided, however, that the provisions of this subsection shall not apply to service performed on or after July 1, 2008. Any such retired teacher so employed shall not retain any tenure as he or she had prior to his or her retirement, shall not be considered an active member of this retirement system, shall not accrue any additional benefits, shall not pay employee contributions to this retirement system, and shall not be eligible for employment benefits, including, without limitation, life and health insurance, by virtue of such employment. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. Any teacher subject to this subsection may elect at any time to suspend his or her retirement benefits and become a regular full-time teacher as otherwise provided in this chapter, but no service accrued under this subsection shall under any circumstances be used to calculate a benefit under this chapter. (d) Any public school system which employs a retired teacher of this retirement system and which fails to comply with the provisions of this subsection, and the retired teacher so employed, shall be subject to all other provisions of this chapter, including, without limitation, Code Section 47-3-127. (e) This Code section shall be automatically repealed on July 1, 2008, and no person shall have any rights pursuant to the provisions of this Code section on and after that date."
SECTION 4. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Cummings of the 27th and McBee of the 88th was read and adopted:

A BILL
To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the

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Teachers Retirement System of Georgia, so as to provide conditions pursuant to which a member of such retirement system who was retired on a service retirement on December 31, 2001, may return to service and maintain his or her benefits; to define certain terms; to provide that under certain conditions, a local school system may employ a retired member of such retirement system as a full-time classroom teacher; to provide conditions of such employment; to provide that such provisions shall not become a part of the employment contract and shall be subject to legislation; to provide for a limitation on the number of retired teachers and the duration of such employment; to provide a penalty for noncompliance; to provide for an automatic repeal of all such provisions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, is amended by striking in its entirety subsection (a) of Code Section 47-3-127, relating to the effect of restoration to service on retirement allowances, and inserting in lieu thereof the following:
"(a) If, except as provided in Code Section 47-3-127.1, a beneficiary is restored to service as a teacher, he or she may elect:
(1) Cessation of his or her retirement allowance, in which case he or she shall again become a contributing member of the retirement system and be governed by the retirement provisions of this chapter; or (2) Not to reinstate his or her membership in the retirement system, in which case his or her retirement benefits shall be suspended during the period of time he or she is restored to service. Upon cessation of such service, his or her prior retirement allowance shall be resumed. If the returning beneficiary fails to elect either choice, his or her status shall be as if he or she had elected paragraph (1) of this subsection."
SECTION 2. Said article is further amended by striking in its entirety paragraph (1) of subsection (e) of said Code Section 47-3-127 and inserting in lieu thereof the following:
"(e)(1) A beneficiary of this retirement system shall be deemed to be restored to service within the meaning of this Code section if, except as otherwise provided in Code Section 47-3-127.1, such beneficiary is employed by an employer:
(A) In a position previously held by a teacher; or (B) In a capacity which would normally be held by a teacher, as determined by the board of trustees, whether employed directly or indirectly, for which the compensation is greater than one-half of the beneficiarys average annual compensation used to calculate his or her retirement benefit or the beneficiarys

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final compensation at the time of his or her retirement, whichever is larger; provided, however, that such amount shall be increased by any annual cost-of-living adjustment reflected in the state teacher salary schedule."
SECTION 3. Said article is further amended by inserting immediately following said Code Section 473-127 a new Code section to read as follows:
"47-3-127.1. (a) As used in this Code section, the term:
(1) 'Classroom teacher' means: (A) A certified teacher of grades prekindergarten through 12 employed by the public schools who has as his or her primary responsibility the academic instruction of students in a classroom. Such term shall not apply to any teacher whose duties include in whole or in part service as an athletic coach; (B) A certified public school librarian; and (C) A certified school counselor.
(2) 'Retired teacher' means a member of this retirement system who was retired on December 31, 2001, on a service retirement with at least 30 years of creditable service or after attaining the age of 60 years. (b)(1) A local school system may employ a retired teacher as a full-time classroom teacher and such person shall be subject to the provisions of subsection (c) of this Code section if the State Board of Education certifies to the board of trustees that:
(A) Such hiring is necessary because of compelling economic or geographic need; (B) The local school system has diligently and in good faith attempted to find and employ a qualified teacher for the position and has been unable to do so; and (C) The retired teacher under consideration for the position is fully qualified to fill the position. (2) The State Board of Education shall develop rules and procedures to carry out the provisions of this subsection. The board of trustees may, in its discretion, require such additional information or documents from the local school system as it deems necessary. No such retired teacher shall be employed under the provisions of this subsection until the board of trustees approves such employment. (3) The number of retired teachers any local school system may employ under this subsection shall not exceed 1 percent of the total number of full-time classroom teachers employed by the school system at the end of the preceding contract year; provided, however, that any local school system may employ at least ten retired teachers. (4) No retired teacher may be employed under the provisions of this subsection until he or she has been retired under this retirement system for at least one month. (5) No retired teacher shall be employed under the provisions of this subsection for more than a total of five years. Each such retired teacher shall be employed under a contract not exceeding 12 months in duration. The certification of the State Board of Education provided for in paragraph (1) of this subsection shall be required prior to

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each subsequent contract. No local school system shall enter into a contract for services to be performed on or after July 1, 2008. (6) The salary paid to any retired teacher employed as a classroom teacher under this Code section shall be commensurate with the position and the individuals qualifications and experience. (7) A public school system employing a retired teacher subject to this subsection shall pay all employer contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (8) A public school system employing a retired teacher pursuant to this subsection shall notify the board of trustees of this retirement system in writing as soon as practicable, but not later than the commencement of employment, providing such information as the board deems proper. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher for a total of not more than five years if he or she is employed solely under the conditions contained in this Code section, and such members benefits under this article shall not be affected; provided, however, that the provisions of this subsection shall not apply to service performed on or after July 1, 2008. Any such retired teacher so employed shall not retain any tenure as he or she had prior to his or her retirement, shall not be considered an active member of this retirement system, shall not accrue any additional benefits, shall not pay employee contributions to this retirement system, and shall not be eligible for employment benefits, including, without limitation, life and health insurance, by virtue of such employment. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. Any teacher subject to this subsection may elect at any time to suspend his or her retirement benefits and become a regular full-time teacher as otherwise provided in this chapter, but no service accrued under this subsection shall under any circumstances be used to calculate a benefit under this chapter. (d) Any public school system which employs a retired teacher of this retirement system and which fails to comply with the provisions of this subsection, and the retired teacher so employed, shall be subject to all other provisions of this chapter, including, without limitation, Code Section 47-3-127. (e) This Code section shall be automatically repealed on July 1, 2008, and no person shall have any rights pursuant to the provisions of this Code section on and after that date."
SECTION 4. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not

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become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.
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, by substitute.
On the passage of the Bill, by substitute, the ayes were 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1345. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that each local retirement system shall adopt written guidelines and procedures for the investment of retirement system assets; to provide requirements for such guidelines; to provide for a waiver of the minimum funding standards for local retirement systems in cases of severe hardship; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that each local retirement system shall adopt written guidelines and procedures for the investment of retirement system assets; to provide that upon the failure of a local governing authority to provide certain actuarial investigation and financial report, the state auditor shall cause notice of such failure to be published; to provide that if a local governing authority fails to comply with minimum funding requirements, it must publish notice of such failure; to provide that the state auditor may monitor the investment activities of any public retirement system; to provide requirements for such guidelines; to provide for reporting and penalties; to change certain references within such title; to clarify provisions relating to the enforcement of noncompliance with the investment restrictions of said title; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking subsection (a) of Code Section 47-1-3, relating to the power of a local retirement system to hire an actuary, payment of the administrative costs of a local retirement system, periodic actuarial investigations, and an annual financial report, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'local retirement system' means any retirement, pension, or emeritus system covering an employee or employees of a county, municipality, local board of education, or other political subdivision, or any groups or classifications of such employees which is funded at least in part by such political subdivisions for the purpose of paying benefits to employees or their beneficiaries after employees cease active employment by retirement, disability, death, or other termination. Such term shall include any plan or program which creates a retired position, commonly referred to as 'emeritus,' and provides a salary for the retired position in lieu of a retirement benefit. Such term shall not include an individual retirement account or other plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participants account and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to a participants account."
SECTION 2. Said title is further amended by striking in its entirety paragraph (3) of subsection (f) of said Code Section 47-1-3 and inserting in lieu thereof the following:
"(3) The certificate of the chairperson of the board of trustees stating that the investment practices of the fund have been in compliance with the provisions of Article 7 of Chapter 20 of this title at all times during the reporting period or, if the practices have at any time been out of compliance with such provisions, providing a description of the noncompliance, the reason for the noncompliance, and the corrective action taken. The chairperson shall also certify that written investment guidelines and procedures have been adopted pursuant to the provisions of subsection (a) of Code Section 47-1-12 ."
SECTION 3. Said title is further amended by striking in its entirety Code Section 47-1-5, relating to the duty of governing authorities to make and file actuarial investigations and to file financial reports and the withholding of state funds for failure to meet this duty, and inserting in lieu thereof the following:
"47-1-5. (a) It shall be the duty of the governing authority of each county, municipality, or other political subdivision whose employees are covered under a local retirement system and

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the duty of a local board of education whose employees are covered under a local retirement system to cause the actuarial investigations required by subsection (d) of Code Section 47-1-3 to be made and to cause such actuarial investigations to be filed with the state auditor as required by that subsection. It shall also be their duty to cause financial reports to be submitted to the state auditor as required by subsections (e) through (j) of Code Section 47-1-3. (b)(1) If a required actuarial investigation and financial report required by subsection (a) of this Code section are not submitted, then within 30 days after the date on which such investigation and report were due in the office of the state auditor, the state auditor shall notify, in writing, the governing authority of the county, municipality, or other political subdivision whose employees are covered under the applicable local retirement system. If the actuarial investigation and financial report are not received by the state auditor within 60 days after the date such notice is sent to the governing authority, the state auditor shall:
(A) notify Notify the director of the Office of Treasury and Fiscal Services;, and it shall be the duty of the director to withhold any state funds payable to the applicable political subdivision or local board of education until the actuarial investigation and financial report are submitted to the state auditor; and (B) Cause to be published in the legal organ of the the governing authority of the county, municipality, or other political subdivision and may cause to be published in any newspaper of general circulation notice that the governing authority of the local government has failed to file the information required by subsection (a) of this Code section. Such notice shall be prominently displayed in the journal and shall not be placed in the section containing the legal advertisements. (2) The state auditor shall advise the director of the Office of Treasury and Fiscal Services within five days after receiving the actuarial investigation and financial report to release any state funds payable to the applicable political subdivision."
SECTION 4. Said title is further amended by striking in its entirety Code Section 47-1-12, relating to investment and reinvestment of assets of local retirement systems, valuation and limitation on investments, and duties of state auditor, and inserting in lieu thereof the following:
"47-1-12. (a) The board of trustees of any local retirement system shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that, except as otherwise provided in this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments.

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(b) Notwithstanding the provisions of Code Section 33-11-21, the board of trustees of any local retirement system shall not be restricted to investing in those equities which have paid a cash dividend in at least three of the last five years preceding the purchase of such equities. (c) Nothing in this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law. (d) The state auditor shall monitor the investment activity of local retirement systems and shall submit a report to the Governor and the presiding officer of each chamber of the General Assembly describing the effect, if any, changes in investment policy have had on those systems. Such report shall be submitted not later than December 31, 2001. Each local retirement system shall adopt written guidelines and procedures for the investment of retirement system assets. Such written guidelines shall meet all requirements of general law and shall be adopted by ordinance or resolution of the governing authority of the political subdivision maintaining such retirement system. Such guidelines shall, at a minimum, address the investment goals of the retirement system, the authorized investments of system assets, the frequency of evaluation of retirement plan investment returns, and the ratio between fixed income and equity investments of system assets. (b) The state auditor shall be authorized to monitor the investment activity of any public retirement system."
SECTION 5. Said title is further amended by striking in its entirety subsection (h) of Code Section 4720-10, relating to minimum annual employer contributions, and inserting in lieu thereof the following:
"(h) The minimum funding requirements of this Code section shall not apply to prefunding, in whole or in part, of anticipated future costs of providing health care benefits and related expenses including, without limitation, provision of all or part of the cost of health insurance coverage and health maintenance organization participation costs for retired employees of a political subdivision including those presently retired and those anticipated to retire in the future. Such prefunding may be maintained as part of the same investment pool as the fund receiving employer and employee contributions to pay the cost of providing retirement benefits under any retirement system maintained by the political subdivision for its employees so long as such funds are separately accounted for and separate records are maintained with respect to each fund. Funds maintained by a political subdivision for the purpose of prefunding health care benefits for retired employees may be invested and reinvested in accordance with the provisions of Code Section 47-1-12 Article 7 of this chapter, and, for the purposes of that Code section article and the home rule provisions of the laws and the Constitution of the State of Georgia, such funds shall be considered retirement funds."

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SECTION 6. Said title is further amended by striking in its entirety Code Section 47-20-21, relating to triennial actuarial investigations, penalties for violations shown, and a list of local systems not in conformance reported triennially, and inserting in lieu thereof the following:
"(a) The retirement system administrator of each retirement system of a political subdivision shall comply fully with the requirements of Code Section 47-1-3 requiring the employment of an actuary and the completion of actuarial investigations once every three two years. In addition to the other requirements specified by Code Section 47-1-3 for such actuarial investigations, each such investigation shall express the actuarys opinion, which shall be supported by such analysis as the actuary determines necessary, of the status of the retirement system with regard to the minimum funding standards specified in Code Section 47-20-10. Each such actuarial investigation shall also include an analysis of each change in or amendment to the retirement system since the previous investigation and shall identify any change or amendment which granted a benefit increase. (b) If an actuarial investigation or a financial report which is submitted to the state auditor under Code Section 47-1-3 shows that an amendment or change was made in a retirement system of a political subdivision granting a benefit increase in violation of subsection (a) of Code Section 47-20-20 or shows that a retirement system of a political subdivision is not in conformity with the requirements of subsection (b) of Code Section 47-20-20, it shall be the duty of the state auditor to:
(1) notify Notify the director of the Office of Treasury and Fiscal Services; and it shall be the duty of the director to withhold any state funds payable to the applicable political subdivision until the actuary of the applicable retirement system certifies to the state auditor and to the director that employer contributions to each retirement system of the political subdivision are in conformity with the minimum funding standards specified in Code Section 47-20-10; (2) Require the political subdivision to post a notice of the noncompliance with Code Section 47-20-20 in an appropriate and conspicuous location at its principal office until such time as the political subdivision is in compliance with the specified standards. The political subdivision shall make such notice and a copy of the documentation submitted to the state auditor in accordance with the provisions of subsection (a) of Code Section 47-1-5 documenting such noncompliance available for inspection by the employees and job applicants during regular business hours in its personnel office or other suitable location; provided, however, that information protected from public disclosure pursuant to Code Section 47-1-14 shall not be disclosed; and (3) Cause to be published in the legal organ of the the governing authority of the county, municipality, or other political subdivision and may cause to be published in any newspaper of general circulation notice that the governing authority of the local government has failed to fund the local retirement system in accordance with the provisions of the minimum funding standards provided in Code Section 47-20-10 and

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that such failure constitutes a violation of state law. Such notice shall be prominently displayed in the journal and shall not be placed in the section containing the legal advertisements. (c) The report on the condition of local retirement systems submitted to the Governor and to members of the General Assembly pursuant to Code Section 47-1-4 shall include a separate list of each retirement system of each political subdivision which is not in conformity with the minimum funding standards specified by Code Section 47-20-10 and a separate attachment giving a full explanation of any action taken pursuant to subsection (b) of this Code section."
SECTION 7. Said title is further amended by inserting at the end of Code Section 47-20-81, relating to the definition of the term "fund" and applicability, the following:
"(c) The board of trustees of any local retirement system shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system, subject to all terms, conditions, limitations, and restrictions imposed by the provisions of this article."
SECTION 8. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 47-20-84, relating to a limitation on the amount of equities in which retirement systems may invest, and inserting in lieu thereof the following:
"(b) A large retirement system may not invest more than 10 percent of the retirement system assets, based on asset costs, in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of Code Section 47-20-83. (c) A fund shall not invest more than 55 percent of retirement system assets, based on asset costs, in equities; provided, however, that a large retirement system shall invest not more than 60 percent of its assets in equities. Any fund which is not in compliance with the provisions of this subsection shall immediately be subject to the provisions of Code Section 47-20-86; provided, however, that any fund which is was not in compliance with the limitations imposed by this subsection on July 1, 2000, shall be granted a two-year grace period until July 1, 2002, to come into compliance; provided, however further, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1208. By Representatives Orrock of the 56th, Taylor of the 134th, Hugley of the 133rd, 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 provide for salary increases for certain school social workers who are certified as Certified School Social Worker Specialists; to provide for leave for preparing documentation required for certification; to provide for reimbursement of the program participation fee; 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 102, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 1054. By Representatives Hugley of the 133rd, Roberts of the 132nd, Taylor of the 134th, Buck of the 135th, Smyre of the 136th and others:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Georgia Bureau of Investigation to notify all elementary and secondary schools and day-care and group day-care centers within a county of the names and addresses of all registered sexual offenders residing within such county; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Education to provide all elementary and secondary schools with a list of registered sexual offenders and information on how to obtain a list of registered sexual offenders from the Georgia Bureau of Investigations Internet website; to require the Office of School Readiness and the Department of Human Resources to provide child care and day-care programs with information on how to obtain a list of registered sexual offenders from the Georgia Bureau of Investigations Internet website; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in Code Section 42-1-12, relating to the State Sexual Offender Registry, by adding a new subsection (c.1) to read as follows:
"(c.1)(1) On an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each public elementary and secondary school in this state. The Department of Education shall make such list available to any private school upon request. In addition, the Department of Education shall provide information to each public elementary and secondary school in this state on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders. (2) The Office of School Readiness shall provide, on a one time basis, information to all child care programs regulated pursuant to Code Section 20-1A-5 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure. (3) The Department of Human Resources shall provide, on a one time basis, information to all day care and group day care programs regulated pursuant to Code Section 49-5-12 on how to access and retrieve from the Georgia Bureau of Investigations Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 716. By Representatives Harbin of the 113th, Graves of the 125th, Watson of the 70th and Parrish of the 144th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Fair Insurance Business Practices Act of 2001"; to provide for a short title; to provide for legislative findings; to provide for the regulation of health insurance carriers who secure for their enrollees the professional services of physicians through physician contracts; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, so as to provide for the regulation of health insurance carriers who secure for their enrollees the professional services of physicians through physician contracts; to provide for continuation of the provision of health care services by physicians after termination of their contracts under certain circumstances; to provide procedures, limitations, and other provisions concerning the audit, retroactive denial, request for additional payment, and adjustment of previously paid claims by health care providers and insurers; 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 20A of Title 33 of the Official Code of Georgia Annotated, relating to managed health care plans, is amended by striking paragraph (2) of Code Section 33-20A-5,

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relating to standards for certification, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Access to services. A managed care entity must demonstrate that its plan: (A) Makes benefits available and accessible to each enrollee electing the managed care plan in the defined service area with reasonable promptness and in a manner which that promotes continuity in the provision of health care services, including continuity in the provision of health care services after termination of a physicians contract as provided for in Code Section 33-20A-61; (B) When medically necessary provides health care services 24 hours a day and seven days a week; (C) Provides payment or reimbursement for emergency services and out-of-area services; and (D) Complies with the provisions of Code Section 33-20A-9.1 relating to nomination and reimbursement of out of network health care providers and hospitals; and".
SECTION 2. Said chapter is further amended by adding a new Article 3 to read as follows;
"ARTICLE 3
33-20A-60. As used in this article, the term:
(1) 'Carrier' shall mean an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., which entity provides for the financing or delivery of health care services through a health benefit plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (2) 'Commissioner' shall mean the Commissioner of Insurance. (3) 'Enrollee' shall mean any individual who is eligible to receive benefits under a health benefit plan. (4) 'Health benefit plan' shall mean any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, any dental or vision care plan or policy, or any managed care plan. (5) 'Physician contract' shall mean any contract between a physician and a carrier or a carriers network, physician panel, intermediary, or representative providing the terms under which the physician agrees to provide health care services to an enrollee pursuant to a health benefit plan.

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(6) 'Retroactive denial of a previously paid claim' or 'retroactive denial of payment' shall mean any attempt by a carrier retroactively to collect payments already made to a health care provider with respect to a claim, or any portion thereof, by requiring repayment of such payments, by reducing other payments currently owed to the health care provider, by withholding or setting off against future payments, or in any other manner reducing or affecting the future claim payments to the health care provider.
33-20A-61. (a) Every physician contract entered into, amended, extended, or renewed after July 1, 2002, by a carrier shall contain a specific provision which shall provide that, in the event that an insurance carrier, plan, network, panel, or any agent thereof should terminate a physicians contract and thereby affect any enrollees opportunity to continue receiving health care services from that physician under the plan, any such enrollee who is suffering from and receiving active treatment for a chronic or terminal illness, or who is an inpatient, at the time of the termination of the physicians contract shall have the right to continue receiving health care services from that physician for a period of 60 days from the date of the termination of the physicians contract. Any enrollee who is more than 12 weeks pregnant and receiving treatment in connection with that pregnancy at the time of the termination of that enrollees physicians contract shall have the right to continue receiving health care services from that physician throughout the remainder of that pregnancy, including six-weeks postdelivery care. During such continuation of coverage period, the physician shall continue providing such services in accordance with the terms of the contract and the carrier, plan, network, panel, and all agents thereof shall continue to meet all obligations of such physicians contract. The enrollee shall not have the right to the continuation provisions provided in this Code section if the physicians contract is terminated for reasons related to the quality of health care services rendered or issues related to the health, safety, or welfare of enrollees. (b) Every physician contract entered into, amended, extended, or renewed after July 1, 2002, by a carrier shall contain a specific provision which shall provide that, in the event that a physician should terminate his or her contract with an insurance carrier, plan, network, panel, or any agent thereof and thereby affect any enrollees opportunity to continue receiving health care services from that physician under the plan, any such enrollee who is suffering from and receiving active treatment for a chronic or terminal illness, or who is an inpatient, at the time of the termination of the physicians contract shall have the right to continue receiving health care services from that physician for a period of 60 days from the date of the termination of the physicians contract. Any enrollee who is more than 12 weeks pregnant and receiving treatment in connection with that pregnancy at the time of the termination of that enrollees physicians contract shall have the right to continue receiving health care services from that physician throughout the remainder of that pregnancy, including six-weeks postdelivery care. During such continuation of coverage period, the physician shall continue providing such services in accordance with the terms of the contract and the carrier, plan,

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network, panel, and all agents thereof shall continue to meet all obligations of such physicians contract.
33-20A-62. (a) No carrier, plan, network, panel, or any agent thereof may conduct an audit or impose a retroactive denial on any health care providers claim submitted within 90 days of the last date of service or discharge covered by such claim unless:
(1) The carrier, plan, network, panel, or agent thereof has provided to the health care provider in writing notice of the intent to conduct such an audit or impose such a retroactive denial of such claim or any part thereof and has provided in such notice the specific reason for the audit or retroactive denial; (2) Not more than 12 months have elapsed since the last date of service or discharge covered by the claim prior to the delivery to the health care provider of such written notice; and (3) Any such audit or retroactive denial must be completed within 18 months of the last date of service or discharge covered by such claim. (b) No carrier, plan, network, panel, or any agent thereof may conduct an audit or impose a retroactive denial on any health care providers claim submitted more than 90 days after the last date of service or discharge covered by such claim unless: (1) The carrier, plan, network, panel, or agent thereof has provided to the health care provider in writing notice of the intent to conduct such an audit or impose such a retroactive denial of such claim or any part thereof and has provided in such notice the specific reason for the audit or retroactive denial; (2) Not more than 12 months have elapsed since such claim was initially submitted by the health care provider prior to the delivery to the health care provider of such written notice; and (3) Any such audit or retroactive denial must be completed within 18 months following the health care providers initial submission of such a claim. (c) No carrier, plan, network, panel, or any agent thereof shall have any obligation to respond to a health care providers request for additional payment or to adjust any previously paid health care providers claim or any part thereof unless: (1) The health care provider has made a request in writing to the carrier, plan, network, panel, or any agent thereof specifically identifying the previously paid claim and any part thereof and has provided the specific reason for additional payment; and (2) Not more than nine months have elapsed since the date of the payment of the original claim prior to the delivery to the carrier, plan, network, panel, or any agent thereof of the written request for additional payment on a previously paid claim or any part thereof."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1121. By Representatives Ashe of the 46th, Reece of the 11th, Bell of the 25th and Skipper of the 137th:
A BILL to amend 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, and Code Section 45-18-5, relating to coverage of county officers and employees under the state employees' health insurance plan; to provide expressly that members of local boards of education who are eligible for state employees' insurance, schoolteachers' insurance, or school employees' insurance by reason of some status other than membership on a local board of education may choose such coverage in lieu of coverage as a member of a local board of education; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend 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, and Code Section 45-185 of the Official Code of Georgia Annotated, relating to coverage of county officers and employees under the state employees health insurance plan, so as to authorize local boards of education to pay additional costs imposed on certain members of the local board by such boards decision to provide certain state health insurance benefits to members of the local board; to provide for the use of tax funds for such purpose; 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 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 subsection

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(b) and inserting in lieu thereof the following: "(b) (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 in accordance with Code Section 45-18-5 providing for the inclusion of electing members of the local board of education and their the spouses and dependents of such electing members 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 Except as provided in paragraph (3) of this subsection, 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 electing members or otherwise collect such payment from the qualified electing members or dependents. (2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of electing members of that board as provided in paragraph (1) of this subsection. Taxes levied by or on behalf of a local board of education also may be expended for contributions authorized in paragraph (3) of this subsection. Such expenditures on behalf of any electing member may continue only as long as that electing member continues in office and makes any employee contribution required for such coverage. That electing member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of paragraph (1) of this subsection upon such persons ceasing to serve as a member of a local board of education. Such expenditures on behalf of any member in accordance with paragraph (3) of this subsection may continue only as long as that electing member continues in office and makes any contribution which is not the result of the board of educations decision to allow its members to participate in the health insurance plan. Such expenditure for the employer contribution Expenditures authorized by this Code section shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education. (3) If a board member is already a member of a health insurance plan established by Article 1 of Chapter 18 of Title 45 as a retired employee and the result of the board of educations decision to allow its members to participate is to change the status of such member for purposes of medicare coverage so as to make medicare a secondary rather than a primary provider and thus to increase the cost to such member of the state insurance plan, then the local board may pay any additional cost imposed on such

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member as a result of the local boards decision to allow its members to participate in coverage under paragraph (1) of this subsection."
SECTION 2. Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to coverage of county officers and employees under the state employees health insurance plan, is amended by striking subsection (c.1) and inserting in lieu thereof the following:
"(c.1) Any local board of education may elect for members thereof who elect to participate and their the spouses and dependents of such electing members to be included in any health plan or plans established under Code Section 20-2-918. It shall be the duty of any local boards of education so electing to deduct from the salary or other compensation of its electing 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 health insurance fund created under Code Section 20-2-918."
SECTION 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Ashe of the 46th, was read and adopted:

A BILL
To amend 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, and Code Section 45-185 of the Official Code of Georgia Annotated, relating to coverage of county officers and employees under the state employees health insurance plan, so as to authorize local boards of education to pay additional costs imposed on certain members of the local board as a result of such boards decision to provide certain state health insurance benefits to members of the local board; to provide for the use of tax funds for such purpose; 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:

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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 subsection (b) and inserting in lieu thereof the following:
"(b)(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 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 Except as provided in paragraph (3) of this subsection, 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. (2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Taxes levied by or on behalf of a local board of education also may be expended for contributions authorized in paragraph (3) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of paragraph (1) of this subsection upon such persons ceasing to serve as a member of a local board of education. Such expenditures on behalf of any member in accordance with paragraph (3) of this subsection may continue only as long as that member continues in office and makes any contribution which is not the result of the board of educations decision to allow its members to participate in the health insurance plan. Such expenditure for the employer contribution Expenditures authorized by this Code section shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education. (3) If a board member is already a member of a health insurance plan established by Article 1 of Chapter 18 of Title 45 as a retired employee and the result of the board of educations decision to allow its members to participate is to establish dual eligibility for a member and thus to increase the cost to such member of the state insurance plan, then the local board may pay any additional cost imposed on such member as a result

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of the local boards decision to allow its members to participate in coverage under paragraph (1) of this subsection."
SECTION 2. Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to coverage of county officers and employees under the state employees health insurance plan, is amended by striking subsection (c.1) and inserting in lieu thereof the following:
"(c.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 Code Section 20-2-918. It shall be the duty of any local boards of education so 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 health insurance fund created under Code Section 20-2-918."
SECTION 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1244. By Representatives Ashe of the 46th and Irvin of the 45th:
A BILL to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain historic property owned by a nonprofit corporation and used for a medical museum and medical society offices; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL

To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, so as to exempt from taxation certain historic property owned by a nonprofit corporation and which houses a medical museum or medical society; to provide for a referendum, applicability, and effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempted from ad valorem taxation, is amended by striking "and" at the end of paragraph (14) of subsection (a) thereof, striking the period and inserting "; and" at the end of paragraph (15) of said subsection, and adding immediately thereafter the following:
"(16) All property which: (A) Is owned by a nonprofit corporation exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986; (B) Is listed on the National Register of Historic Places or the Georgia Register of Historic Places; and (C) Houses or has housed a medical museum or medical society."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election for the approval or disapproval of this Act on the date of the November, 2002, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following:

"( ) YES ( ) NO

Shall the Act be approved which grants an exemption from ad valorem taxation on certain historic property owned by a nonprofit corporation which houses a medical museum or medical society?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2003, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 2003.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective

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upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1369. By Representatives Boggs of the 168th, Lord of the 121st, Harbin of the 113th, Maddox of the 72nd and Shaw of the 176th:
A BILL to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide a limited license for retail vendors of communications equipment and their employees who sell insurance coverages for the loss, theft, mechanical failure, or malfunction of or damage to communications equipment; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

HB 1157. By Representatives Barnard of the 154th and Shaw of the 176th:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as to provide for the application of the proceeds of an insurance policy to multiple lienholders in the event of a total loss; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to allow limited access by insurers to the records of the Department of Motor Vehicle Safety under certain circumstances; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens on motor vehicles, so as to provide for the application of the proceeds of an insurance policy to multiple lienholders in the event of a total loss of the vehicle; to provide for the issuance of a title to the insurer after payment of a total loss; to provide for application for a certificate of title for a transferee other than by voluntary transfer, naming the insurer as transferee, in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, is amended by inserting a new Code Section 33-34-9 to read as follows:
"33-34-9. (a) Notwithstanding any other provision of law, in any claim involving a total loss of a vehicle which is subject to more than one lien, the proceeds of an insurance policy shall be applied to pay in full the debt owed to the senior lienholder before any proceeds of an insurance policy shall be applied to any other lien on the vehicle. (b) For the purpose of implementing this Code section, at the discretion of the Commissioner of the Department of Motor Vehicle Safety, an insurer may be granted access via electronic means to individual motor vehicle records. Any such access shall be in accordance with Code Section 40-3-23, and the Department of Motor Vehicle Safety shall establish the application and approval process before allowing any such access. The information provided to an insurer pursuant to this Code section shall be limited to the verification of the vehicle owners name, vehicle information, and any recorded security interests or liens as shown on the records of the Department of Motor Vehicle Safety."
SECTION 2. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens on motor vehicles, is amended in Code Section 40-3-36, relating to cancellation of certificates of title for scrap, dismantled, or demolished

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vehicles; salvage certificates of title; and removal of license plates, by inserting a new subsection to be designated subsection (a.1) to read as follows:
"(a.1) In the case of a motor vehicle which is subject to more than one perfected security interest or lien which motor vehicle is a total loss, if the insurer is to acquire title to the damaged motor vehicle, the holder of the senior security interest or lien, upon receipt of the settlement proceeds of the insurance policy in accordance with Code Section 33-34-9, shall apply for a new certificate of title for a transferee other than by voluntary transfer in accordance with subsection (b) of Code Section 40-3-35, naming the insurer only as transferee."
SECTION 3. Said chapter is further amended by adding a new Code Section 40-3-61 to read as follows:
"40-3-61. Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event, that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22."
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 ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1280. By Representatives Morris of the 155th, Jamieson of the 22nd, Porter of the 143rd, Ashe of the 46th and Coleman of the 80th:

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2337

A BILL to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and personal leave for teachers and other personnel, so as to provide for restoration of certain forfeited sick and personal leave after return to service for two consecutive years; 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 97, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 547. By Representatives Dean of the 48th and Holmes of the 53rd:
A BILL to amend Code Section 48-5-242 of the Official Code of Georgia Annotated, relating to the waiver of penalties due on unpaid taxes under certain circumstances, so as to provide for the waiver of interest due on unpaid taxes of certain elderly and lower income taxpayers under certain circumstances; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-242 of the Official Code of Georgia Annotated, relating to the waiver of penalties due on unpaid taxes under certain circumstances, so as to provide for the waiver of interest due on unpaid taxes of certain elderly and lower income taxpayers under certain circumstances; to provide for the determination of such circumstances by the governing authority of the taxing entity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-242 of the Official Code of Georgia Annotated, relating to the waiver of penalties due on unpaid taxes under certain circumstances, is amended by striking said Code section in its entirety and inserting in its place a new Code section to read as follows:

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"48-5-242. (a) Upon written approval by the governing authority of the county in accordance with subsection (c) of this Code section, the tax collector or tax commissioner may waive, in whole or in part, the collection of any amount due the taxing authorities for which taxes are collected, when such amount represents a penalty or an amount of interest assessed for failure to comply with the laws governing the assessment and collection of ad valorem taxes, and when the tax collector or tax commissioner reasonably determines that the default giving rise to the penalty or interest was due to reasonable cause and not due to gross or willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law, and when the interest to be waived accrues on or after July 1, 2002. (b) In the case of penalties or interest arising from the failure of the taxpayer to comply with the terms, conditions, or covenants required with respect to properties receiving any type of preferential assessment, the tax collector or tax commissioner shall not be authorized to waive any portion of the penalty or interest that represents a recovery by the taxing authorities of any amount by which taxes were reduced as a result of the granting of such preferential assessment. (c) The waiver of penalties or interest in accordance with this Code section shall be subject to the written approval of the county governing authority either on a case-bycase basis or by a resolution delegating the authority to the tax collector or tax commissioner to make the final determinations.; provided, however, no waiver of interest may be granted pursuant to this Code section, except for taxpayers age 65 or older who have gross annual household incomes of less than $39,000.00 and who have owned and resided in the subject property for not less than ten years immediately preceding the waiver; provided, further, that no waiver of such interest owed a municipality or school district may be granted pursuant to this Code section unless the governing body of the municipality or school district first approves of the waiver either on a case-by-case basis or by a resolution delegating the authority to the tax collector or tax commissioner to made the final determinations. Such resolution by the county, municipality, or school district governing authorities may establish rules and regulations governing the administration of this Code section and establish guidelines to be followed by the tax collector or tax commissioner when granting the penalty such waivers."
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:

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Y Allen N Amerson Y Anderson Y Ashe
Bannister N Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd Y Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins
Connell N Cooper

N Cox N Crawford Y Cummings N Davis Y Day Y Dean N Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster Y Franklin Y Gardner N Golick N Grasse N 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
Houston Y Howard

N Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin N Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye N Keen Y Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford N Maddox Y Mangham N Manning E Massey Y McBee
McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

N Mueller N Muntean
O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed N Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims
Sinkfield Y Skipper

N Smith, B Smith, C
N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 101, nays 56.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Barnard of the 154th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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HB 1342. By Representatives Porter of the 143rd, McBee of the 88th, Mobley of the 69th, Jamieson of the 22nd, Ashe of the 46th and others:
A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating respectively to postsecondary education and vocational, technical, and adult education, so as to provide that each publisher of a textbook shall provide an electronic format of such textbook as is available; to define terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by inserting a new Code section to be designated Code Section 20-3-85 to read as follows:
"20-3-85. (a) As used in this Code section, the term:
(1) 'Publisher' means the person or entity which prints and issues a textbook that is generally available for purchase by the public and the person or entity which offers for sale material available for purchase primarily by students. (2) 'Textbook' means a book which is recommended or required by an instructor of a course of study offered for credit toward a degree by a unit of the university system that is printed or reproduced and available for purchase primarily by students. (b) The publisher of a textbook shall provide an electronic format of such textbook as is available. However, all textbooks defined in this Code section shall be available by July 1, 2004."
SECTION 2. Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended by inserting a new Code section to be

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designated Code Section 20-4-36 to read as follows: "20-4-36. (a) As used in this Code section, the term: (1) 'Publisher' means the person or entity which prints and issues a textbook that is generally available for purchase by the public and the person or entity which offers for sale material available for purchase primarily by students. (2) 'Textbook' means a book which is recommended or required by an instructor of a course of study offered for credit by a technical college under the control and management of the Department of Technical and Adult Education that is printed or reproduced and available for purchase primarily by students. (b) The publisher of a textbook shall provide an electronic format of such textbook as is available. However, all textbooks defined in this Code section shall be available by July 1, 2004."
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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster N Franklin Y Gardner Y Golick N Grasse Y Graves Y Greene Y Hammontree Y Hanner

Y Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin
Jackson, B Y Jackson, L Y James 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 Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller N Muntean Y O'Neal 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 Reichert
Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L

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Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

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Y Harbin E Harrell Y Heard Y Heckstall Y Hembree
Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Manning E Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
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 Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 802. By Representative Stallings of the 100th: A RESOLUTION compensating Barbara A. Daniell; 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 N Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner

Y Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner N Golick

N Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis

Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert N Rice

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 Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman

N Bulloch Y Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell Y Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

MONDAY, MARCH 25, 2002

N Grasse N Graves Y Greene N Hammontree
Hanner N Harbin E Harrell Y Heard Y Heckstall N Hembree
Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Lord Lucas
N Lunsford N Maddox Y Mangham N Manning E Massey Y McBee
McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

N Richardson N Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor N Sanders
Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

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Y Turnquest Y Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson Y West N Westmoreland N Wiles
Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 103, nays 59. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Parrish of the 144th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1361 Do Pass, by Substitute

Respectfully submitted, /s/ Parrish of the 144th
Chairman

Representative Epps of the 131st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:

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Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1724 Do Pass

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 986 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1417 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

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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 1327 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
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 1215. By Representatives Skipper of the 137th and Reichert of the 126th:
A BILL to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to regulation of accountants, so as to delete provisions allowing waiver of education requirements in certain circumstances for certification as a certified public accountant and as a registered public accountant; to delete provisions describing examinations as written or oral; to delete provisions regarding the frequency of examinations; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to regulation of accountants, so as to delete provisions allowing waiver of education requirements in certain circumstances for certification as a certified public accountant

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and as a registered public accountant; to delete provisions describing examinations as written or oral; to delete provisions regarding the frequency of examinations; to require persons taking examinations to meet certain education and experience requirements; to change provisions relating to credit for passing a portion or portions of an examination; to delete provisions relating to fees for examinations; to delete provisions allowing oral examinations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to regulation of accountants, is amended by striking Code Section 43-3-6, relating to requirements for certification as a certified public accountant, and inserting in lieu thereof the following:
"43-3-6. (a) The certificate of 'certified public accountant' shall be granted by the board to any person:
(1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience:
(A)(i) Presentation Except as provided in subsection (b) of this Code section or subsection (a) of Code Section 43-3-7, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the substantial equivalent of the foregoing an accounting concentration, or with a nonaccounting concentration supplemented by what the board determines to be the substantial equivalent of an accounting concentration, including related courses in other areas of business administration.; provided, however, that after (ii) After January 1, 1998, any person who has not previously sat for the uniform written examination for the certificate of certified public accountant must have completed a total of 150 semester hours or 225 quarter hours of college education, including a baccalaureate degree awarded by a college or university accredited by either a national or regional accrediting organization recognized by the board. The total educational program shall include an undergraduate accounting concentration as defined by the board or what the board determines to be the substantial equivalent of an undergraduate accounting concentration; and (B) Two The experience requirement shall be two years continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain

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circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years experience in public accounting, evidence satisfactory to it of five years continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed a written or oral examination, or both, in accounting, auditing, and an examination approved by the board in such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education requirement specified in paragraph (3) of subsection (a) of this Code section for any applicant, if it is satisfied, from the result of a special written examination given the applicant by the board to test his educational qualification, that he is as well equipped educationally as if he met such education requirement. (c)(b) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination."
SECTION 2. Said chapter is further amended by striking Code Section 43-3-7, relating to examinations for certified public accountants, and inserting in lieu thereof the following:
"43-3-7. (a) The board may provide, by regulation, for the general scope of examinations the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6. The board may approve the examination and obtain advice and assistance in preparing providing for and grading such examinations examination and the division director, with approval of the board, may contract with third parties to perform administrative services with respect to the examinations examination as he or she deems appropriate. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 433-6 and subsection (b) of Code Section 43-3-6 shall be held by the board and shall take

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place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 shall be held at least twice each year As a prerequisite to sit for the examination, candidates shall meet the education requirements provided in division (a)(3)(A)(i) of Code Section 43-3-6. (c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-6 or who expects to meet it within 120 days following the examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-6 shall be eligible to take such examination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-6. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d)(c) An applicant for the certificate of certified public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 shall have no status as a certified public accountant until he or she has the requisite education and experience and has received his or her certificate as a certified public accountant. (e)(d) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified provided for in paragraph (4) of subsection (a) of Code Section 43-3-6 given by the licensing authority in another state jurisdiction. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given examination approved by the board at the time of the granting of such credit. (f)(e) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion may retain credit for a portion or portions of the examination provided for in paragraph (4) of subsection (a) of Code Section 433-6 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire examination must be passed in six consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the applicant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h)(f) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction,

MONDAY, MARCH 25, 2002

2349

activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of certified public accountant certificates."
SECTION 3. Said chapter is further amended by striking Code Section 43-3-8, relating to oral examinations for certified public accountants, and inserting in lieu thereof the following:
"43-3-8. (a) Any written examination described in paragraph (4) of subsection (a) of Code Section 43-3-6 and subsection (b) of Code Section 43-3-6 may be administered orally if the board determines that an applicants physical disability or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the disability or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board prior to the date of examination as provided by rules of the board. (b) A permanent record shall be made of all examinations administered orally in accordance with subsection (a) of this Code section Reserved."
SECTION 4. Said chapter is further amended by striking Code Section 43-3-13, relating to requirements for certification as a registered public accountant, and inserting in lieu thereof the following:
"43-3-13. (a) The certificate of 'registered public accountant' shall be granted by the board to any person:
(1) Who has attained the age of 18; (2) Who is, in the opinion of the board, of good moral character; (3) Who meets the following requirements of education and experience:
(A) Presentation Except as provided in subsection (b) of this Code section or subsection (c) of Code Section 43-3-14, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a high school diploma or completed the requirements therefor or what the board determines to be the substantial equivalent of the foregoing; (B) Two The experience requirement shall be two years continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years experience in public accounting, evidence satisfactory to it of five years continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in public accountancy immediately preceding the date of application

2350

JOURNAL OF THE HOUSE

for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person registered as a registered public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and (4) Who shall have passed a written or oral examination, or both, an examination in accounting, auditing, and such related subjects as the board deems appropriate. (b) The board, in its discretion, may waive the education requirement specified in paragraph (3) of subsection (a) of this Code section for any applicant if it is satisfied, from the result of a special written examination given the applicant by the board to test his educational qualification, that he is as well equipped educationally as if he met such education requirement. (c)(b) For the purposes of this Code section, 'good moral character' means fiscal integrity and a lack of any history of acts involving dishonesty or moral turpitude. For failure to satisfy this requirement, the board may refuse to certify an applicant where it finds that there is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a licensee and the finding by the board of a lack of good moral character is supported by clear and convincing evidence. When an applicant is found to be unqualified for a certificate because of lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board and a complete listing of the evidence upon which the determination was based, and the applicant may request a hearing on that determination."
SECTION 5. Said chapter is further amended by striking Code Section 43-3-14, relating to examinations for registered public accountants, and inserting in lieu thereof the following:
"43-3-14. (a) The board may provide, by regulation, for the general scope of examinations the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 and subsection (b) of Code Section 43-3-13. The board may approve the examination and obtain advice and assistance in preparing providing for and grading such examinations examination and the division director, with the approval of the board, may contract with third parties to perform administrative services with respect to the examinations examination as he or she deems appropriate. (b) The examinations described in paragraph (4) of subsection (a) of Code Section 433-13 and subsection (b) of Code Section 43-3-13 shall be held by the board and shall take place as often as the board shall determine to be desirable, but the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 shall be held at least twice each year As a prerequisite to sit for the examination, candidates shall meet the education requirements provided for in subparagraph (a)(3)(A) of Code Section 433-13.

MONDAY, MARCH 25, 2002

2351

(c) An applicant who has met the education requirement specified in paragraph (3) of subsection (a) of Code Section 43-3-13 or who expects to meet it within 120 days following the examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 or with respect to whom such education requirement has been waived in accordance with subsection (b) of Code Section 43-3-13 shall be eligible to take such examination without waiting until he meets the experience requirement if he also meets the requirements of paragraphs (1) and (2) of subsection (a) of Code Section 43-3-13. In the case of any applicant admitted to such examination on the expectation that he will meet the education requirement within 120 days, no certificate shall be issued, nor shall credit for the examination, or any part of it, be given unless such requirement is in fact completed within that time or within such longer period of time as the board, in its discretion, may determine. (d)(c) An applicant for the certificate of registered public accountant who has successfully completed the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 shall have no status as a registered public accountant until he or she has the requisite education and experience and has received his or her certificate as a registered public accountant. (e)(d) The board, by regulation, may provide for granting a credit to any applicant for his satisfactory completion of an examination in any one or more of the subjects specified in provided for by paragraph (4) of subsection (a) of Code Section 43-3-13 given by the licensing authority in another state jurisdiction. Such regulations shall include such requirements as the board deems appropriate to ensure that any examination approved as a basis for any such credit, in the judgment of the board, shall be at least as thorough as the most recent examination given examination approved by the board at the time of the granting of such credit. (f)(e) The board, by regulation, may prescribe the time and conditions under which an applicant who passes, in one sitting, a portion may retain credit for passing a portion or portions of the examination provided for in paragraph (4) of subsection (a) of Code Section 43-3-13 pertaining to at least two or more of the subjects indicated in such paragraph may be reexamined in only the remaining subjects, with credit for the subjects previously passed, provided that the entire examination must be passed in ten consecutive attempts, including the initial sitting in which at least two parts of the examination were passed. (g) With respect to examinations, the board shall charge the applicant a fee to be determined by the board, which fee shall be sufficient to pay for the cost of the examinations. (h)(f) Application for certification by persons who are not residents of this state shall constitute the appointment of the Secretary of State as the agent for service of process in any action or proceeding against such applicant arising out of any transaction, activity, or operation connected with or incidental to the practice of public accounting in this state by nonresident holders of registered public accountant certificates."

2352

JOURNAL OF THE HOUSE

SECTION 6. Said chapter is further amended by striking Code Section 43-3-15, relating to oral examinations for registered public accountants, and inserting in lieu thereof the following:
"43-3-15. (a) Any written examination described in paragraph (4) of subsection (a) of Code Section 43-3-13 may be administered orally if the board determines that an applicants physical disability or other circumstances render him incapable of taking a written examination. Any applicant who desires to have an examination administered orally shall present to the board such evidence, as it deems appropriate, of the disability or other circumstances necessitating such oral administration. Such evidence shall be submitted to the board prior to the date of examination as provided by rules of the board. (b) A permanent record shall be made of all examinations administered orally in accordance with subsection (a) of this Code section Reserved."
SECTION 7. This Act shall become effective on July 1, 2003.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Reichert of the 126th moves to amend the Committee substitute to HB 1215 as follows:
P 6, L 34
After "(A)" insert "(i)".

The following amendment was read:

Representatives Scott of the 165th, Keen of the 174th and Coleman of the 142nd move to amend the Committee substitute to HB 1215 by inserting "to provide for certain disclosures; to provide for penalties for failure to make such disclosures;" after "requirements;" on line 6 on page 1 and by striking line 10 on page 3 and inserting in lieu thereof the following:

MONDAY, MARCH 25, 2002

2353

"may request a hearing on that determination. (c) Any person who holds a certificate as a "certified public accountant" and who is engaged in the sale of insurance or financial products for which such person receives commissions must disclose in writing to the client the fact that the person shall receive commissions from the sale to the client of any such insurance or financial products; provided, however, that the person shall not be required to disclose the actual amount of such commissions. A person who violates this subsection shall be guilty of a misdemeanor. As on the first offense and a misdemeanor of a high and aggravated nature on a second or subsequent offense.'"

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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N 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 Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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 E Hudson, N Y Hudson, S Y Hugley E 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 Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

2354

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 159, nays 3. 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 N Barnard
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T N Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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 E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

N Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

MONDAY, MARCH 25, 2002

2355

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 487. By Representatives Buckner of the 95th, Randall of the 127th, Crawford of the 129th, Coleman of the 142nd, Barnes of the 97th and others:
A BILL to amend the Official Code of Georgia Annotated so as to change references to the Department of Archives and History to the Division of Archives and History; and for other purposes.

The following amendment was again read:

Representative Mills of the 21st moves to amend the Committee substitute to HB 487 as follows:
On page 5, after line 18 insert "(16) Encourage the study of historical documents including but not limited to those which reflect our National Motto, the Declaration of Independence, the Ten Commandments, the Constitution of the United States and such other nationally recognized documents which contributed to the history of the State of Georgia."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Benfield

Y Cox Y Crawford N Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix

Y Hudgens E Hudson, N N Hudson, S N Hugley E Irvin Y Jackson, B N Jackson, L N James N Jamieson

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster

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

2356
N Birdsong N Black Y Boggs
Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell
Cash Channell Y Childers Y Coan Y Coleman, B Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

N Dodson N Drenner N Dukes Y Ehrhart N Epps
Everett Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves Greene Y Hammontree N Hanner Y Harbin E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes N Houston Howard

Y Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey Y McBee Y McCall N McClinton
McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

Y Poag N Porter Y Powell Y Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L
Rogers Royal Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 87, nays 68. The amendment was adopted.

Y Snow Squires Stallings
N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor
Teague N Teper E Tillman N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

Representative Mangham of the 75th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Byrd of the 170th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and withdrawn:

Representative Hugley of the 133rd moves to amend the Committee substitute to HB 487 as follows:

MONDAY, MARCH 25, 2002

2357

On page 5, on line 5 after "schools" insert the following: "including, but not limited to, historical documents such as the Constitution of the State of Georgia and other documents of national importance that have or will influence the State of Georgia government and its people;".
Representative Walker of the 141st assumed the chair.

Representative Lucas of the 124th moved that the House reconsider its action in adopting the Mills amendment.

On the motion, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks N Broome N Brown N Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister
Byrd N Callaway N Campbell N Cash N Channell Y Childers N Coan N Coleman, B
Coleman, T N Collins Y Connell N Cooper

N Cox N Crawford Y Cummings N Davis N Day Y Dean Y Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett
Floyd N Forster N Franklin Y Gardner N Golick N Grasse N Graves
Greene N Hammontree
Hanner N Harbin E Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard

N Hudgens E Hudson, N N Hudson, S Y Hugley E Irvin N Jackson, B Y Jackson, L Y James Y Jamieson N Jenkins N Jennings Y Johnson N Jordan N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis Y Lord Y Lucas
Lunsford Y Maddox N Mangham N Manning N Massey N McBee N McCall N McClinton Y McKinney N Millar N Mills Y Mobley N Morris N Mosley

N Mueller N Muntean N O'Neal Y Orrock Y Parham
Parrish N Parsons Y Pelote N Pinholster N Poag Y Porter N Powell
Purcell Y Ragas Y Randall N Ray Y Reece
Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L
Rogers Royal Sailor N Sanders N Scheid N Scott Y Seay N Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

N Smith, B Y Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre N Snelling N Snow
Squires Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Teague Teper E Tillman Y Turnquest Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Wix N Yates Murphy, Speaker

2358

JOURNAL OF THE HOUSE

On the motion, the ayes were 65, nays 90. The motion was lost.

Representative Byrd of the 170th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "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 N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister
Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree N Henson Y Hines

Y Hudgens E Hudson, N Y Hudson, S N Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall N McClinton Y McKinney Y Millar

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas N Randall Y Ray Y Reece
Reed Y Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes N Taylor
Teague N Teper E Tillman N Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J

Y Coleman, T Y Collins N Connell Y Cooper

MONDAY, MARCH 25, 2002

Y Holland N Holmes Y Houston
Howard

Y Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims N Sinkfield Y Skipper

2359
Y Williams, R Wix
Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Byrd of the 170th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1449. By Representatives Hammontree of the 4th, Hudgens of the 24th, Williams of the 5th, McBee of the 88th and Heard of the 89th:
A BILL to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the provisions relating to population brackets and the census relative to the time for making tax returns in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin

Y Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed

Y 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague

2360
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 Gardner Y Golick Y Grasse
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 Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield
Skipper

Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1559. By Representatives Hammontree of the 4th, Williams of the 5th, Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A BILL to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to homestead exemption applications, so as to change the provisions relating to population brackets and the census relative to the time for making such applications in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black

Y Cox Crawford
Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix
Dodson Y Drenner

Y Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Porter

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 Boggs 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 Y Collins Y Connell Y Cooper

MONDAY, MARCH 25, 2002

Y Dukes Ehrhart
Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece
Reed 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

2361
Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
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.

HB 1056. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and Keen of the 174th:
A BILL to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to enact the Wildlife Violator Compact; 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 Cox Y Crawford Y Cummings Y Davis Y Day

Y Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

2362
Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux N Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner N Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin
Gardner Y Golick N Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree
Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Parrish Y Parsons Y Pelote N Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L N Rogers Y Royal
Sailor N Sanders
Scheid N Scott Y Seay Y Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor
Teague Y Teper E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 150, nays 15. 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.

HR 940. By Representative DeLoach of the 172nd: A RESOLUTION compensating Danny Goodman; and for other purposes.

The following Committee substitute was read and adopted:

MONDAY, MARCH 25, 2002

2363

A RESOLUTION
Compensating Danny Goodman; and for other purposes.
WHEREAS, Danny Goodman is the owner of a 101 foot fiberglass trawler, the Amazing Grace, which was designed and custom built for the purpose of shrimping on the Georgia coast under the laws of this state as they existed at the time of the design and construction of the boat; and
WHEREAS, at the 2001 regular session, the General Assembly of Georgia enacted House Bill 636, Ga. L. 2001, p. 1069, which amended Code Section 27-4-133 to limit the size of shrimp nets which may lawfully be used in this state; and
WHEREAS, because of the design of the Amazing Grace, this change in the law rendered the boat totally unusable for shrimping in this state and the boat cannot be converted or modified to operate pulling the smaller nets which are now required; and
WHEREAS, not only has Danny Goodman lost the use of his investment in his boat and spare parts for such boat, but he has also lost income and potential income as a result of this change in the law; and
WHEREAS, such loss occurred through no fault or negligence on the part of Danny Goodman, and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $70,000.00 to Danny Goodman as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell

Y Cox N Crawford Y Cummings N Davis Y Day
Dean Y Deloach, B Y Deloach, G

N Hudgens E Hudson, N N Hudson, S Y Hugley E Irvin N Jackson, B Y Jackson, L Y James

Y Mueller N Muntean
O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote

N Smith, B Y Smith, C N Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

2364
Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck
Buckner N 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 N Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd
Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree
Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce Y Kaye
Keen Y Knox Y Lane N Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley

Y Pinholster Poag
Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar
Sims Y Sinkfield Y Skipper

Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 133, nays 24.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1699. By Representatives West of the 101st, Smith of the 12th, Greene of the 158th and Hanner of the 159th:
A BILL to amend Code Section 27-4-133 of the Official Code of Georgia Annotated, relating to lawful nets, opening and closing waters, and identification on boats taking shrimp, so as to provide that a certain limitation shall not apply to vessels having a draft of seven feet or less; 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:

MONDAY, MARCH 25, 2002

2365

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers 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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene
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 E Hudson, N Y Hudson, S Y Hugley E 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 Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal 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
Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E 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, J Y Williams, R
Wix 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.

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.

2366

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley

Y Mueller Y Muntean Y O'Neal 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
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
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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E 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, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

MONDAY, MARCH 25, 2002

2367

HB 1217. By Representatives Birdsong of the 123rd, Jamieson of the 22nd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th and others:
A BILL to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that an exemption from certain ad valorem taxation for the surviving spouses of military personnel killed while serving in a war or armed conflict shall extend to the surviving spouses of such persons who otherwise perished; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that an exemption from certain ad valorem taxation for the surviving spouses of military personnel killed while serving in a war or armed conflict shall extend to the surviving spouses of such persons who otherwise died as a result of such war or armed conflict; to provide for a referendum, an effective date, and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by striking in their entirety subsections (a) and (b) of Code Section 48-5-52.1, relating to an exemption from ad valorem taxation for state, county, municipal, and school purposes of homesteads of unremarried surviving spouses of U.S. service members killed in action, and inserting in lieu thereof the following:
"(a) Any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 1999, the maximum amount which may be granted to a disabled veteran under the abovestated federal law is $43,000.00. For the purposes of this Code section, the term

2368

JOURNAL OF THE HOUSE

'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Code section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (b) In order to qualify for the exemption provided for in this Code section, the unremarried surviving spouse shall furnish to the tax commissioner of the county of residence documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such persons spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during any such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces killed in who were killed or who died as a result of any war or armed conflict."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2002, state-wide general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides that an exemption from certain ad valorem taxation for the surviving spouses of military personnel killed while serving in a war or armed conflict shall extend to the surviving spouses of such persons who otherwise died as a result of such war or armed conflict?"

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 January 1, 2003, and shall apply to all taxable years beginning on

MONDAY, MARCH 25, 2002

2369

or after such date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
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.

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 Benfield Y Birdsong Y Black Y Boggs 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 E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hembree Y Henson

Y Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee
McCall McClinton Y McKinney

Y Mueller Y Muntean Y O'Neal 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 Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers
Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan

Y 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E 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

2370
Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Hines Y Holland Y Holmes Y Houston
Howard

Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Williams, J Y Williams, R 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 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 "aye" thereon.

HB 1547. By Representatives Skipper of the 137th, Coleman of the 142nd, Royal of the 164th, Greene of the 158th, Hanner of the 159th and others:
A BILL to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of magistrates, so as to change certain provisions regarding the minimum salary of chief magistrates and other magistrates; 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 Benfield Y Birdsong Y Black Y Boggs 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 E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster

Y Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox

Y Mueller Y Muntean Y O'Neal 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor

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 25, 2002

Y Franklin Y Gardner Y Golick Y Grasse 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 Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reed 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

2371
Y Teague Y Teper E 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, J
Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1587. By Representatives Skipper of the 137th, Murphy of the 18th, Walker of the 141st, Coleman of the 142nd and Twiggs of the 8th:
A BILL to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to allocation of transportation funds, so as to change certain provisions relating to allocation of state and federal transportation funds and authorization of reduction of funds allocated; to authorize certain waivers of funding allocation requirements; 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 Hudgens E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L

Y Mueller Muntean
Y O'Neal Y Orrock Y Parham Y Parrish
Parsons

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

2372
Y Bell Y Benfield Y Birdsong
Black Y Boggs 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 E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Deloach, G E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y 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 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 Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 159, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1514. By Representatives Holland of the 157th, Royal of the 164th, Teper of the 61st and Jenkins of the 110th:
A BILL to amend Code Section 45-4-11 of the Official Code of Georgia Annotated, relating to blanket bonds covering two or more political subdivisions, so as to provide for applicability, form, and procedures relative to blanket bonds; 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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

MONDAY, MARCH 25, 2002

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 Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y 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

2373
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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E 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, J Y Williams, R 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 1438. By Representative Connell of the 115th:
A BILL to amend Part 2 of Article 4 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to local malt beverage excise taxes, so as to repeal certain provisions regarding use of excess tax proceeds; 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.

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 Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins 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 Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 E Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey
McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E 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, J Y Williams, R 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.

The following Resolution of the House was read and referred to the Committee on Rules:

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HR 1488. 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.
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 1415 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1512 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1415. By Representatives Orrock of the 56th, Benfield of the 67th, Grasse of the 16th, Ashe of the 46th, Manning of the 32nd and others:
A RESOLUTION commending the YWCA of Greater Atlanta on its 100th Anniversary and inviting representatives to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1200. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:
A BILL to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1998," so as to revise extensively and comprehensively; to delete the legislative intent; to change and add definitions; to clarify differences between local charter schools and state chartered special schools and between conversion charter schools and start-up charter schools; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1998," so as to revise extensively and comprehensively; to revise the legislative intent; to change and add definitions; to clarify differences between local charter schools and state chartered special schools and between conversion charter schools and start-up charter schools; to provide that the contents of charter petitions shall be governed by rules, regulations, policies, and procedures to be promulgated by the State Board of Education; to provide for minimum requirements; to change provisions relating to approval or denial of petitions by local boards, approval or denial of petitions by the state board, operating requirements, control and management of charter schools, reporting requirements of the comprehensive education information system, admission and enrollment of students by state chartered special schools, amendment and renewal of

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charters, termination of charters, and allotment of state, local, and federal funds; 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 change provisions relating to financing of media center costs; 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 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Charter Schools Act of 1998," is amended by striking Code Section 20-2-2061, relating to legislative intent; Code Section 20-2-2062, relating to definitions; Code Section 20-22063, relating to petitions to establish charter schools; Code Section 20-2-2064, relating to approval or denial of petitions, granting of charters, and renewal of charters; Code Section 20-2-2065, relating to operating requirements, control, and management; Code Section 20-2-2066, relating to admission and enrollment of students; Code Section 20-22067, relating to prohibition of reprisals; and Code Section 20-2-2068, relating to charter amendments and terminations, and inserting in lieu thereof the following:
"20-2-2061. It is the intent of the General Assembly to provide a means whereby:
(1) Local schools may choose to substitute an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the provisions of this title other than the provisions of this article; and (2) Private individuals, private organizations, or state or local public entities (excluding home study programs or schools; sectarian or religious schools; private for profit schools; private educational institutions not established, operated, or governed by the State of Georgia; and existing private schools) may establish a local school which is subject to an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, which exempts the local school from state and local rules, regulations, policies, and procedures and from the provisions of this title other than the provisions of this article a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article.
20-2-2062. As used in this article, the term:
(1) 'Charter' means an academic or vocational a performance based contract or an academic and vocational performance based contract between the state board, a local board of education, and a charter petitioner, the terms of which are approved by the

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local board of education and by the state board in the case of a local charter school, or between the state board and a charter petitioner, the terms of which are approved by the state board in the case of a state chartered special school. (2) 'Charter petitioner' means a local school, private individual, private organization, or state or local public entity which that submits a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools. (3) 'Charter school' means a public school that is operating under the terms of a charter granted by the state board. (4) 'Conversion charter school' means a charter school that existed as a local school prior to becoming a charter school. (4)(5) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V, Paragraph II of the Constitution. (6) 'Local charter school' means a conversion charter school or start-up charter school that is operating under the terms of a charter between the charter petitioner and the local board. (5)(7) 'Local school' means a public school in Georgia which that is under the management and control of a local board. (6)(8) 'Local school system' means the system of public schools established and maintained by a local board within its limits pursuant to Article VIII, Section V, Paragraph I of the Constitution. (7) 'Minimum state standards' means such minimum standards as are established by the state board as a condition of continued state fiscal assistance to a local school system. (9) 'Local tax revenue' means local taxes collected for school purposes in excess of the local five mill share, combined with any applicable equalization grant; but exclusive of revenue from bonds issued for capital projects, revenue to pay debt service on such bonds, local option sales tax for capital projects, budgeted transportation costs, budgeted central administration costs, and budgeted school food service program costs. Nothing in this paragraph shall be construed to prevent a local board from including a charter school in projects specified in the ballot language of a local option sales tax or bond referendum. (8)(10) 'Petition' means a proposal to enter into a charter establish a charter school. (11) 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated as the local five mill share in accordance with Code Section 20-2-164. (12) 'Special school' means a school whose creation is authorized pursuant to Article VIII, Section V, Paragraph VII of the Constitution. (13) 'Start-up charter school' means a charter school that did not exist as a local school prior to becoming a charter school.

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(9)(14) 'State board' means the State Board of Education. (15) 'State chartered special school' means a charter school created as a special school that is operating under the terms of a charter between the charter petitioner and the state board.
20-2-2063. A petition which is submitted by a charter petitioner to a local board or the state board under Code Section 20-2-2064 shall:
(1) Describe a plan for improvement that addresses how the charter petitioner proposes to improve student learning and meet minimum state standards; (2) Outline proposed veifiable academic or vocational performance based criteria or verifiable academic and vocational performance based criteria that will be used during the term of the charter to measure the progress of the charter petitioner in improving student learning and meeting minimum state standards; (3) Describe how parents or guardians of students enrolled in the school, as well as the faculty, instructional staff, and the broader community, were and will be directly and substantially involved in developing the petition, developing and implementing the improvement plan, and identifying academic or vocational performance based criteria; (4) Describe how the concerns of parents or guardians of students enrolled in the school, faculty, instructional staff, and the broader community will be solicited and addressed in evaluating the effectiveness of the improvement plan; (5) Provide for the charter school to be subject to the control and management of the local board of the local school system in which the proposed charter school will be located, as provided in the charter and in a manner consistent with the Constitution; (6) Provide for a governing body, the majority of the members of which shall be parents or guardians of students enrolled in the charter school who are not employed by the school or by the local school system in which the charter school is located, which shall be:
(A) Responsible for carrying out the terms of the charter; (B) Subject to the control and management of the local board for that school system, as provided in the charter and in a manner consistent with the Constitution; and (C) Subject to the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50; (7) For petitions filed by charter petitioners other than a local school, specify whether the charter petitioner elects that the charter school be organized and operated as a nonprofit corporation under the laws of this state; (8) Provide for personnel matters involving the faculty, instructional staff, and other employees of the charter school including, but not limited to, employment status, certification, and evaluation;

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(9) Provide for financial policies and procedures proposed to be followed by the charter school to assure sound fiscal management and by the local board to assure a predictable flow of funds to the charter school; (10) Specify the proposed duration of the charter, not to exceed five years; and (11) Provide for the extent to which the charter school will be subject to the provisions of this title and state and local rules, regulations, policies, and procedures; provided, however, that the provisions of this article shall apply to the charter school notwithstanding any provision in the charter to the contrary. The State Board of Education shall promulgate rules, regulations, policies, and procedures to govern the contents of a charter petition, provided that the following shall be required at a minimum: (1) The state board shall require that a petition designate the performance to be improved and how it will be improved through the waiver of specifically identified state and local rules, regulations, policies, and procedures, or provisions of this title other than the provisions of this article; (2) The state board shall require that a petition describe how it will measure the improvement in such performance and over what period of time, provided that such requirement shall not waive the accountability provisions of Part 3 of Article 2 of Chapter 14 of this title; and (3) The state board shall require that a petition demonstrate how any such waiver does not undermine and is consistent with the intent of the waived state and local rules, regulations, policies, and procedures, or the provisions of this title.
20-2-2064. (a) A charter petitioner may seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a complete petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that the local board shall not act upon a petition submitted by a local school for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension.

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(c) A local board shall approve a petition that complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If a local board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with respect to Code Section 20-2-2063, and provide a written statement of the denial to the charter petitioner and the state board. (d) The state board may mediate between the local board and a charter petitioner whose petition was denied to assist in obtaining local board approval of the petition, but such approval must be obtained by majority vote of the local board.
20-2-2064.1. (b)(a) The state board may grant a shall approve the charter to of a charter petitioner whose if the petition: has been approved by the local board of the local school system in which the proposed charter school will be located and the state board finds that the petition complies with the rules, regulations, policies, and procedures promulgated in accordance with Code Section 20-2-2063 and the provisions of this title and is in the public interest. If the state board denies a petition, it must within 60 days specifically state the reasons for the denial, list all deficiencies with regard to Code Section 20-22063, and provide a written statement of the denial to the charter petitioner and to the local board.
(1) Has first been approved by the local board of the local school system in which the proposed charter school will be located, pursuant to subsection (a) of this Code section; (2) For petitions submitted by a local school, has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of a petitioning local school at a meeting called with two weeks advance notice for the purpose of deciding whether to submit the locally approved petition to the state board; (3) For petitions submitted by a local school, has been freely agreed to by a majority of the parents or guardians of students enrolled at a petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the locally approved petition to the state board; and (4) The state board finds meets the requirements set forth in Code Section 20-2-2063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and state rules, regulations, policies, and procedures; provided, however, that the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, a private educational institution not established, operated, or governed by the State of Georgia, or an existing private school. (c) The initial term of a charter shall not exceed five years. The state board may renew a charter, upon the written request of the governing body of the charter school and the local board which approved that school's charter, for the period of time specified in the request, not to exceed five years.

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(d)(1)(b) No application may be made to the state board by a petitioner for a conversion charter school that has been denied by a local board. Upon denial of a petition for a start-up charter school by a local board and upon application to the state board by the petitioner, the The state board may grant shall approve a state the charter of a start-up charter petitioner for a state chartered special school as authorized by Article VIII, Section V, Paragraph VII of the Constitution. When a petition submitted by a charter petitioner for a charter school has been denied by a local board of education, the state board may grant such a charter if:
(A) With respect to a petition submitted by a local school, such petition has been agreed to on a secret ballot by a majority of the faculty and instructional staff of the petitioning local school, at a meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the state board; (B) With respect to a petition submitted by a local school, such petition has been agreed to by a majority of the parents or guardians of students enrolled at the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the state board; and (C) With respect to a petition submitted by any charter petitioner, if the state board finds that such petition meets the requirements set forth in Code Section 20-2-2063 and the provisions of this title and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and applicable state rules, regulations, policies, and procedures. (2) Notwithstanding the provisions of paragraph (1) of this subsection, the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, private educational institution not established, operated, or governed by the State of Georgia, or an existing private school. (3) The state board may require a local referendum of the qualified voters in all of the systems affected by a charter granted pursuant to this subsection. Such referendum shall be held at the next regularly scheduled general election or as otherwise authorized by the county or counties in which the school system is located. Such referendum shall be held for the purpose of deciding whether the local board of education shall use local bonded indebtedness and school tax levies to support such charter school and the ballot question shall be approved by the State Board of Education.
20-2-2065. (a) A In determining whether to waive, as sought by the petitioner, specifically identified state and local rules, regulations, policies, and procedures, and provisions of this title other than the provisions of this article, the local board and state board shall ensure that a charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school which is also that is not home based, provided that a charter schools nonprofit status shall not prevent the school from contracting for the services of a for profit entity;

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(2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (3)(4) Organized If the petition which was the basis for the charter so provided pursuant to paragraph (7) of Code Section 20-2-2063, organized and operated as a nonprofit corporation under the laws of this state; (4)(5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (5)(6) Subject to all laws relating to unlawful conduct in or near a public school; and (6)(7) Subject to an annual financial audit in the manner required of a local school. specified in the charter; (a.1)(8) Subject A charter school shall be subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000.; and (9) Subject to all reporting requirements of Code Section 20-2-320. (b) Except as provided in this article and in the charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within the applicable local school system, regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the state Department of Education.
20-2-2066. (a) A local charter school shall enroll students in the following manner:
(1) A local charter school shall enroll any student who resides in the school district system in which the local charter school is located and who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a local charter school shall give enrollment preference to such students who reside in the attendance zone in which the charter school is located specified in the charter and may give enrollment preference to a sibling of a resident student currently enrolled in the local charter school.; and (2) A student who resides outside the school district system in which the local charter school is located may not enroll in that local charter school except pursuant to a contractual agreement between the local boards of the school system in which the student resides and the school system in which the local charter school is located. Unless otherwise provided in such contractual agreement, a local charter school may give enrollment preference to and enroll a sibling of a nonresident student currently enrolled in the local charter school.

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(b) A state chartered special school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a state chartered special school may give enrollment preference to a child of a full-time teacher, professional, or other employee of the state chartered special school as provided for in subsection (b) of Code Section 20-2-293 or to a sibling of a student currently enrolled in the state chartered special school. (b)(c) A charter school shall not discriminate on any basis that would be illegal if used by a school system. (c)(d) A student may withdraw without penalty from a charter school at any time and enroll in another a local school in the school district system in which such student resides as may be provided for by the policies of the local board. A student who is suspended or expelled from a charter school as a result of a disciplinary action taken by a charter school shall be entitled to enroll in a local school within the local school system in which the student resides, if, under the disciplinary policy of the local school system, such student would not have been subject to suspension or expulsion for the conduct which gave rise to the suspension or expulsion. In such instances, the local board shall not be required to independently verify the nature or occurrence of the applicable conduct or any evidence relating thereto.
20-2-2067. A local board of education or a school system employee who has control over personnel actions shall not take unlawful reprisal against another employee of the school system because such other employee is directly or indirectly involved with a petition to establish a charter school. A local board of education or a school system employee shall not take unlawful reprisal against an educational program of any school or school system because a petition to establish a charter school proposes the conversion of such educational program to a charter school. As used in this Code section, the term 'unlawful reprisal' means an action taken by a local board of education or a school system employee as a direct result of a lawful petition to establish a charter school which action is adverse to another employee and which is not lawfully taken in response to any action or behavior of such employee or is adverse to an educational program of the school or the school system and:
(1) With respect to such other employee, results in one or more of the following: (A) Disciplinary or corrective action; (B) Transfer or reassignment, whether temporary or permanent; (C) Suspension, demotion, or dismissal; (D) An unfavorable performance evaluation; (E) A reduction in pay, benefits, or awards; (F) Elimination of the employees position without a reduction in force by reason of lack of moneys or work; or

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(G) Other significant changes in duties or responsibilities that are inconsistent with the employees salary or employment classification; or (2) With respect to an educational program, results in one or more of the following: (A) Suspension or termination of the educational program; (B) Transfer or reassignment of the educational program to a less favorable department; (C) Relocation of the educational program to a less favorable site within the school or school system; or (D) Significant reduction or termination of funding for the educational program, unless necessitated by unfunded mandates from federal or state decisions which result in a significant reduction in funds available to the local board of education and which result in a proportionate loss of funding for all schools in the system.
20-2-2067.1. (a) The terms of a charter for a local charter school may be amended during the term of the charter upon the approval of the local board, the state board, and the charter school. The terms of a charter for a state chartered special school may be amended during the term of the charter upon the approval of the state board and the charter school. (b) The initial term of a charter shall be for a minimum of three years, unless the petitioner shall request a shorter period of time, and shall not exceed five years. The state board may renew a charter, upon the request of the charter school, for the period of time specified in the request, not to exceed five years. For a local charter school, approval of the local board shall also be required to renew a charter. (c) A charter school shall provide an annual report to parents or guardians, the community, and the state board which indicates the progress made by the charter school in the previous year in implementing its charter goals. A local charter school shall also provide an annual report to the local board.
20-2-2068. (a) The state board may declare a charter null and void if terminate a charter under the following circumstances:
(1)(A) If a majority of the parents or guardians of students enrolled at the charter school who are present at a public meeting called with two weeks advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void vote to approve such request and such majority of parents or guardians vote to affirm such request at another public meeting, which occurs within 30 days of the first meeting and which is called with two weeks advance notice for the purpose of affirming the earlier vote vote by a majority vote to request the termination of its charter at a public meeting called with two weeks advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void. (B) If a majority of the faculty and instructional staff employed at the charter school vote by a majority vote to request the termination of its charter at a public

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meeting called with two weeks advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void; (b)(1)(2) If, after The state board, after providing reasonable notice to the governing body of a charter school and an opportunity for a hearing, may terminate a charter during its term for any of the following grounds the state board finds: (A) A failure Failure to implement the improvement plan set forth in the charter comply with any recommendation or direction of the state board with respect to Code Section 20-14-41; (B) A failure Failure to adhere to any other material term of the charter, including but not limited to the performance goals set forth in the charter; (C) A failure Failure to meet generally accepted standards of fiscal management; (D) A violation of applicable federal, state, or local laws or court orders; or (E) The existence of competent substantial evidence that the continued operation of the charter school would be contrary to the best interests of the students or the community.; or (F) A failure to comply with any provision of Code Section 20-2-2065; or (2)(3) Upon the The state board shall act upon a written request of a local board for termination of a charter for a local charter school located within its school system within 30 days of the date on which such request is submitted. If, if, prior to making such request, the local board provided reasonable notice to the governing body of a charter school and an opportunity for a hearing, and determined that the existence of any of the grounds listed described in paragraph (1) (2) of this subsection had been met, such determination shall be binding on the state board Code section. (c) The terms of a charter may be amended during the term of the charter upon the approval of the local board, the state board, and a majority of the governing body of the charter school or, in the case of a charter school which was formerly a local school, a majority of the faculty, instructional staff, and parents or guardians present at a public meeting called with two weeks notice and for the purpose of deciding whether to amend the terms of the charter. (d) A charter school shall be included in the allotment of funds to the local school system in which the charter school is located under Article 6 of this chapter. The local board and state board shall treat the charter school no less favorably than other local schools located within the applicable local school system with respect to the provision of funds for instructional and administrative programs and, where feasible, transportation and building programs. (e) The governing body of a charter school shall provide an annual report to parents or guardians, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in implementing its improvement plan.
20-2-2068.1. (a) A local charter school shall be included in the allotment of state funds and applicable federal allotments to the local school system in which the local charter

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school is located under Article 6 of this chapter. The local board and the state board shall treat a conversion charter school no less favorably than other local schools located within the applicable local school system unless otherwise provided by law. The local board and the state board shall treat a start-up charter school no less favorably than other local schools within the applicable local system with respect to the provision of funds for instruction and school administration and, where feasible, transportation, food services, and building programs. (b) QBE formula and grant earnings, nonQBE state grants, and federal grants earned by a local charter school shall be distributed to the local charter school by the local board. (c) In addition to the earnings set out in subsection (b) of this Code section local tax revenues shall be earned per student in a local charter school and calculated as follows:
(1) Determine the amount of funds earned by students enrolled in the local charter school as calculated by the Quality Basic Education Formula pursuant to Code Section 20-2-161; (2) Determine the amount of funds earned by all students in the public schools of the local school system, including any charter schools that receive local tax revenue, as calculated by the Quality Basic Education Formula; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school systems local tax revenue. The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter an alternative amount of local funds to be provided by the local board to the local charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local charter school by the local board. Where feasible and where services are provided, funds for transportation, food service programs, and construction projects shall also be distributed to the local charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local charter school no less favorably than other local schools located within the applicable school system. (d) QBE formula and grant earnings, nonQBE state grants, and federal grants that are earned by a state chartered special school shall be distributed to the local board of the local school system in which the state chartered special school is located which shall distribute the same amount to the state chartered special school. The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs.

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(e) The state board may require a local referendum of the qualified voters in the local school system in which the proposed state chartered special school will be located. Such referendum shall be held at the next regularly scheduled general election or as otherwise authorized by the county or counties in which the school system is located. Such referendum shall be held for the purpose of deciding whether the local board of education shall provide funds from school tax levies to support such state chartered special school or incur bonded indebtedness to support such state chartered special school or both. The ballot question shall be approved by the state board. (f) The local board shall treat a state chartered special school for which the use of funds from local bonded indebtedness and local school tax levies has been approved by qualified voters in the system in accordance with subsection (e) of this Code section no less favorably than other public schools located within the applicable school system. (g) The local board shall not distribute funds from local bond indebtedness and local school tax levies to a state chartered special school unless such use has been approved by qualified voters in accordance with subsection (e) of this Code section."
SECTION 2. 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," is amended by striking paragraph (2) of subsection (a) of Code Section 20-2-167, relating to certain funding and accounting matters, and inserting in its place a new paragraph to read as follows:
"(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. 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 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent all of the media materials earnings of such funds shall be spent at the school site in which such funds were earned for media materials."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Mills of the 21st, Richardson of the 26th and Jackson of the 112th move to amend the Committee substitute to HB 1200 as follows:

MONDAY, MARCH 25, 2002

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On page 5, after line 22, insert:
"(4) The State Board shall require that a petition include a provision that, in each classroom, the teacher in charge shall, at the opening of school upon every school day, conduct a brief period of quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson N Ashe Y Bannister Y Barnard Y Barnes N Bell N Benfield
Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges N Brooks Y 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 E Collins N Connell Y Cooper

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix
Dodson N Drenner N Dukes
Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes N Houston
Howard

Y Hudgens N Hudson, N N Hudson, S N Hugley E Irvin Y Jackson, B N Jackson, L N James N Jamieson Y Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord Y Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal N Orrock N Parham
Parrish Y Parsons N Pelote Y Pinholster Y Poag N Porter Y Powell
Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers Y Royal Y Sailor Y Sanders
Scheid Y Scott N Seay N Shanahan Y Shaw N Sholar Y Sims N Sinkfield N Skipper

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling N Snow Y Squires N Stallings N Stanley N Stanley-Turner Y Stephens
Stokes N Taylor
Teague N Teper E Tillman N Turnquest
Twiggs Y Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 93, nays 66.

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The amendment was adopted.

Representatives Reed of the 52nd and Snow of the 2nd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to HB 1200 as follows:
Page 2 Line 19 & Page 5 Line 13 Remove "waiver of specifically identified" Insert "exemption of"
Page 5 Line 20 Change "waiver" to "exemption"
Page 5 Line 21 Change "waived" to "exempted"
Page 8 Line 9 Remove "waive, as sought by the petitioner, specifically identified" Insert "exempt".

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 Benfield N Birdsong N Black N Boggs N Bordeaux

N Cox N Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G E Dix
Dodson N Drenner N Dukes
Ehrhart

Y Hudgens N Hudson, N N Hudson, S N Hugley E Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan

Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Porter N Powell N Purcell

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 N Stanley

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 Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T E Collins N Connell Y Cooper

MONDAY, MARCH 25, 2002

N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse 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 Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord Y Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Ragas N Randall Y Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal N Sailor Y Sanders
Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

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N Stanley-Turner Y Stephens N Stokes N Taylor
Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 63, nays 102. The amendment was lost.

The following amendment was read and ruled not germane:

Representative Kaye of the 37th et al. move to amend the Committee substitute to HB 1200 by inserting on line 15 of page 1 immediately preceding the words "to provide for related matters" the following:
"to amend Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, so as to require the State Board of Education to mandate for schools that have a grade of D or F that parents have the option to relocate the student to other public schools in the local school system;"
By inserting between line 34 of page 14 and line 1 of page 15 the following:
"SECTION 3. Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Education Coordinating Council, is amended in Code Section 20-14-41, relating to interventions for failing schools, by striking paragraph (6) of subsection (a), inserting a

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new paragraph in lieu thereof to read as follows, and inserting a new subsection (e) to read as follows:
'(6) If a school has received a grade of D or F for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity:
(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; or (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or (E)(D) Mandate a monitor, master, or management team in the school that shall be paid by the district.' '(e) For any school which has a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the office, the State Board of Education shall mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the local school system.'"
By renumbering Section 3 as Section 4.

The following amendment was read:

Representative Kaye of the 37th et al. move to amend the Committee substitute to HB 1200 by striking line 12 of page 1 and inserting in lieu thereof the following:
"termination of charters, and allotment of state, local, and federal funds; to provide for exemption from certain obligations for public schools receiving specified ratings; to provide for exceptions; to provide for the duration of such exemption; to provide for continued control by the local board of education; to provide for construction regarding funding; to amend Part 4 of".

MONDAY, MARCH 25, 2002

2393

By inserting between lines 18 and 19 of page 14 the following:
"SECTION 2. Said article is further amended by inserting a new Code section to be designated Code Section 20-2-2072 to read as follows:
'20-2-2072. Notwithstanding any other provision of law, any public elementary or secondary school that receives for the same school year a school grade of A on the established absolute student achievement standard and a school grade of A on the progress on improved student achievement in accordance with Code Section 20-14-33 shall be exempt from this title and state rules, regulations, policies, and procedures, except statutes, rules, and regulations relating to civil rights; insurance; the protection of the physical health and safety of students, employees, and visitors; the provisions of Part 3 of Article 2 of Chapter 14 of this title relating to accountability assessment; conflicting interest transactions; the certified personnel information report; the provisions of Code Section 20-2-320 relating to the state-wide comprehensive educational information system; court orders; and the prevention of unlawful conduct. The period of exemption shall last for two school years, beginning with the commencement of the school year immediately following receipt of such grades. Such a school shall remain subject to the management, control, and governance of the local board of education. This Code section shall not be construed to reduce state or local funding for any school, but a school that receives the school grades specified in this Code section shall be exempt from provisions of law, rules, regulations, policies, and procedures for accounting to the state for the expenditure of funds.'"
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

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 Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks

N Cox N Crawford N Cummings Y Davis Y Day N Dean N Deloach, B Y Deloach, G E Dix
Dodson N Drenner N Dukes
Ehrhart N Epps
Everett N Floyd

Y Hudgens N Hudson, N N Hudson, S N Hugley E 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 Mueller Y Muntean
O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster Y Poag
Porter N Powell N Purcell N Ragas N Randall N Ray

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 N Stanley N Stanley-Turner
Stephens N Stokes

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N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell
Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T E Collins N Connell Y Cooper

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Y Forster Y Franklin N Gardner N Golick Y Grasse 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 Y Howard

Y Knox N Lane Y Lanier Y Lewis N Lord Y Lucas Y Lunsford N Maddox N Mangham N Manning Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L N Rogers N Royal N Sailor Y Sanders
Scheid N Scott N Seay N Shanahan N Shaw N Sholar N Sims N Sinkfield N Skipper

N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman
Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 59, nays 105. The amendment was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges

Y Cox Y Crawford
Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye

Y Mueller Y Muntean Y O'Neal 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, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens

Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

MONDAY, MARCH 25, 2002

Y Floyd Y Forster
Franklin Y Gardner Y Golick Y Grasse 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 Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Ray Y Reece Y Reed Y Reichert 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

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Y Stokes Y Taylor Y Teague Y Teper E 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, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Roberts of the 162nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Cummings of the 27th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

The following Resolution of the House was read:

HR 1489. By Representatives Murphy of the 18th, Walker of the 141st and Skipper of the 137th

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A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at the close of the legislative day on Wednesday, March 27, 2002, and shall reconvene on Monday, April 1, 2002.
BE IT FURTHER RESOLVED that the hours for closing and convening the Senate on each such day shall be as ordered by the Senate and the hours for closing and convening the House on each such day shall be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Collins

Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick
Grasse 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 Hudgens Y Hudson, N Y Hudson, S
Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley

Y Mueller Y Muntean Y O'Neal 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 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 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 Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E 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, J Y Williams, R Y Wix

Y Connell Y Cooper

MONDAY, MARCH 25, 2002

Y Houston Y Howard

Y Morris Y Mosley

Y Sinkfield Y Skipper

On the adoption of the Resolution, the ayes were 167, nays 0. The Resolution was adopted.

2397
Y Yates Murphy, Speaker

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1490. By Representatives Buckner of the 95th, Barnes of the 97th, Jordan of the 96th and Seay of the 93rd:
A RESOLUTION commending the Jonesboro High School Mock Trial Team and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

The Speaker announced the House in recess subject to the call of the Chair. The House will convene at 10:00 o'clock the next legislative day.

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Representative Hall, Atlanta, Georgia Tuesday, March 26, 2002
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Marsha Leverette, Pastor, Lindsay Street 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.

TUESDAY, MARCH 26, 2002

2399

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1786. By Representative Manning of the 32nd:
A BILL to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses and resulting responsibility and liability of issuing center, so as to make criminal history records available to consumer reporting agencies; and for other purposes.
Referred to the Committee on Public Safety.
HB 1787. By Representatives Hines of the 38th, Wiles of the 34th, Wix of the 33rd, Collins of the 29th and Franklin of the 39th:
A BILL to authorize the City of Acworth to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1789. By Representatives Birdsong of the 123rd, Jenkins of the 110th and Parham of the 122nd:
A BILL to provide a homestead exemption from certain Jones County School District ad valorem taxes for education purposes in the amount of $15,000.00 of the assessed value of the homestead of certain residents of that county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1790. By Representative Stephens of the 150th:
A BILL to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1791. By Representatives Scheid of the 17th, Grasse of the 16th and Pinholster of the 15th:
A BILL to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the salary system, so as to provide for a change in the salary of the clerk of the superior court, the judge of the probate court, and the judge of the magistrate court of Cherokee County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1792. By Representatives Scheid of the 17th, Grasse of the 16th and Pinholster of the 15th:
A BILL to amend an Act providing for the membership of the Board of Education of Cherokee County, so as to change provisions relating to the compensation of the members of said board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1793. By Representatives Scheid of the 17th, Grasse of the 16th and Pinholster of the 15th:
A BILL to amend an Act creating a board of commissioners for Cherokee County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 26, 2002

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HB 1794. By Representatives Scheid of the 17th, Grasse of the 16th and Pinholster of the 15th:
A BILL to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, so as to revise the districts for the election of members of the board of education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1795. By Representatives Scheid of the 17th, Grasse of the 16th and Pinholster of the 15th:
A BILL to provide for a homestead exemption from certain Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1796. By Representatives Cash of the 108th, Sanders of the 107th and Lunsford of the 109th:
A BILL to amend an Act reincorporating the City of McDonough, so as to change the corporate boundaries of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1797. By Representatives Reed of the 52nd, Stanley of the 50th, Stanley of the 49th, Brooks of the 54th, Mobley of the 69th and others:
A BILL to provide for a homestead exemption from certain City of Atlanta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that city who

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are 65 years of age or older and whose annual household income does not exceed $39,000.00; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1798. By Representative McCall of the 90th:
A BILL to amend an Act creating a board of elections and registration for Lincoln County, so as to provide for compensation for members of the board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1799. By Representatives Lane of the 146th and Lanier of the 145th:
A BILL to amend an Act creating the Board of Commissioners of Bulloch County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1800. By Representative Joyce of the 1st:
A BILL to create the office of commissioner of Dade County as the governing authority of said county; to provide for the election and term of office of the commissioner; to provide for filling of vacancies in the office of commissioner; to provide for oaths; to provide for bonds; to provide for the compensation of the commissioner; to provide for the powers, duties, and responsibilities of the commissioner; to provide reports on financial affairs; to repeal an Act creating the Board of Commissioners of Dade County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 26, 2002

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HB 1801. By Representative Holland of the 157th:
A BILL to amend an Act to provide for the election of a chairperson and four members of the Worth County Board of Education, so as to reapportion the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1802. By Representative Holland of the 157th:
A BILL to amend an Act creating and establishing a board of commissioners of Worth County, so as to reapportion the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1487. By Representative McCall of the 90th:
A RESOLUTION urging the Georgia Department of Natural Resources to recognize Walter Boone McNeely for his contributions to the Richard B. Russell State Park; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1761 HB 1762 HB 1763 HB 1764 HB 1765 HB 1766 HB 1767 HB 1768 HB 1770

HR 1458 SB 330 SB 367 SB 414 SB 433 SB 441 SB 442 SB 446 SB 447

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HB 1771 HB 1774 HB 1775 HB 1776 HB 1777 HB 1778 HB 1779 HB 1780 HB 1781 HB 1782 HB 1783 HB 1784 HB 1785 HB 1788 HR 1457

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SB 452 SB 469 SB 488 SB 495 SB 496 SB 500 SB 517 SB 530 SR 691 SR 695 SR 777 SR 780 SR 785 SR 786

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Bill of the Senate be engrossed:

SB 330. By Senators Hecht of the 34th and Starr of the 44th:
A BILL to be entitled an Act to provide a short title; to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to provide that law enforcement officers of counties containing an airport or landing strip controlled by another political subdivision shall have jurisdiction within such facility for the purpose of acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful to carry certain items to a public gathering; to change a short title; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Parham of the 122nd moved that the following Bill of the Senate be engrossed:

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2405

SB 488. By Senators Meyer von Bremen of the 12th, Lee of the 29th, Golden of the 8th and Butler of the 55th:
A BILL to be entitled an Act to regulate commercial motor vehicles and motor common carriers and motor contract carriers; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to change certain provisions relating to definitions relative to commercial drivers licenses; to amend Title 46 of the O.C.G.A., relating to public utilities and public transportation; to repeal conflicting laws; and for other purposes.

The motion prevailed.

Representative Ray of the 128th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 361 Do Pass

Respectfully submitted, /s/ Ray of the 128th
Chairman

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bill of

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the House and has instructed me to report the same back to the House with the following recommendation:
HB 1505 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1783 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1459 Do Pass HR 1460 Do Pass HR 1490 Do Pass

TUESDAY, MARCH 26, 2002
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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Representative Royal of the 164th District, Chairman of the Committee on State Planning 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 1727 Do Pass HB 1729 Do Pass HB 1730 Do Pass HB 1731 Do Pass HB 1732 Do Pass HB 1733 Do Pass HB 1734 Do Pass HB 1735 Do Pass HB 1736 Do Pass HB 1737 Do Pass HB 1738 Do Pass HB 1743 Do Pass HB 1745 Do Pass HB 1746 Do Pass, by Substitute HB 1747 Do Pass HB 1748 Do Pass

HB 1749 Do Pass HB 1750 Do Pass HB 1752 Do Pass HB 1753 Do Pass HB 1754 Do Pass HB 1755 Do Pass HB 1756 Do Pass HB 1757 Do Pass HB 1758 Do Pass HB 1759 Do Pass HB 1772 Do Pass HB 1773 Do Pass SB 527 Do Pass SB 528 Do Pass SB 529 Do Pass SB 531 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 26, 2002

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Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 905 HR 946 HR 1178
HR 1296
HR 1320 HR 1372

Commission on Regional Transportation; create Commission on Psychiatric Medication of School-Age Children; create Joint Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors; create "J. T. 'Sonny' King Memorial Regional Office" of the Georgia Bureau of Investigation; designate Blue Star Memorial Highway; designate portion of Covington Highway Joint Study Committee on Economic Development Through the Investment of State Pension Funds into private Equities; create

DEBATE CALENDAR

HB 254
HB 552 HB 666 HB 828 HB 917 HB 1224 HB 1253 HB 1278 HB 1279 HB 1297 HB 1335
HB 1337
HB 1343 HB 1389 HB 1435 HB 1444 HB 1492 HB 1515 HB 1556

Judicial Retirement; state court judges; transfer funds from Employees' Retirement Employees' Retirement; redefine creditable service Employees' Retirement; certain prior legal service; credit Orthotics, Prosthetics, and Pedorthics Practice Act; enact; create Board Standby Guardianship Act; enact Child support; National Medical Support Notice; bank match registry Uniform Commercial Code; letters of credit; secured transactions Boards of tax assessors; removal of member; provisions Probate court judges; change certain fees; clarify provisions Grits; designate as state official prepared food Voter registration; application through Department of Natural Resources; hunting, fishing, trapping licenses American Indian Concerns, Council on; amend provisions; repeal certain Code sections Georgia Clean Communities Act of 2002; enact Low-speed vehicles; regulate; provisions Municipal candidates in certain cities; repeal majority vote provisions Local sales taxes; limitation on levies; exclusions Insurance; diabetes coverage; amend provisions Sales tax exemption; certain fuels for horticultural purposes Bondsmen; criminal background check

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HB 1584 HB 1590
HB 1616 HB 1656 HB 1657 HB 1693 HR 1069
HR 1287 HR 1288 HR 1374

General Assembly; death of former member; survivors' health insurance Home study programs; special education and services; same as private schools Surface mining and borrow pits; redefine Unfair trade practice; credit counseling; failure to disclose information Contracts; jurisdiction outside of state; option to accept or reject Motor vehicle liability insurance; losses; include towing and storage costs Solid waste management; plasma-arc torch technology; encourage development Chatham County; convey property National motto; urge support Wood, Honorable Joe T., Sr.; place portrait at Georgia War Veterans Home

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 1727. By Representative Hudgens of the 24th:
A BILL to provide a new charter for the City of Comer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1729. 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 creating the board of commissioners of Hall County, so as to reapportion the commissioner districts; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1730. 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 for districts for the election of the Board of Education of Hall County, so as to change provisions relating to education districts for the board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1731. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th and Day of the 153rd:
A BILL to provide a homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who are disabled; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1732. By Representatives Broome of the 160th and Sholar of the 179th:
A BILL to amend an Act providing for the composition of the Board of Education of Decatur County, so as to reapportion the Board of Education of Decatur County; to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 1733. By Representative Smith of the 102nd:
A BILL to provide for the filling of vacancies in the office of sheriff of Harris County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1734. By Representatives Broome of the 160th and Sholar of the 179th:
A BILL to amend an Act creating the State Court of Decatur County, so as to change the compensation to be paid to the judge and the solicitor of such court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1735. By Representatives Jackson of the 112th and Harbin of the 113th:
A BILL to provide a homestead exemption from Columbia County School District ad valorem taxes for educational purposes in the amount of the total assessed value of the homestead after a five-year phase-in period for certain residents of that school district who are 70 years of age or over; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1736. By Representatives Parsons of the 40th, Johnson of the 35th, Wiles of the 34th, Hines of the 38th, Franklin of the 39th 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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1737. By Representative James of the 140th:
A BILL to amend an Act providing for the board of education for the Macon County School District, so as to revise the districts for the election 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.

HB 1738. By Representative James of the 140th:
A BILL to amend an Act creating a board of commissioners for Macon County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1743. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th:
A BILL to amend an Act creating the Classic Center Authority for Clarke County, so as to provide for additional purposes 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 1745. By Representative Hanner of the 159th:
A BILL to provide a new charter for the City of Ellaville; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1746. By Representative Hanner of the 159th:
A BILL to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner districts; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and the election of their successors; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:
"SECTION 1. (a) For purposes of electing members of the board of commissioners, Calhoun County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: calhounccpln1 Plan Type: Local User: staff Administrator: Calhoun. (b) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau

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of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Calhoun County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Calhoun County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. The commissioners serving on the effective date of this Act shall continue to serve for the remainder of their terms. Their successors shall be elected in the November, 2002, general election. The commissioners so elected from Commissioner Districts 2 and 4 shall serve initial terms of two years. The commissioners so elected from Commissioner Districts 1, 3, and 5 shall serve initial terms of four years. Thereafter, all commissioners shall serve terms of four years."
SECTION 2. It shall be the duty of the attorney of the board of commissioners of Calhoun County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
District 001 Calhoun County
Tract: 9501 BG: 1

TUESDAY, MARCH 26, 2002
District 002 Calhoun County
Tract: 9501 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2995 2996 2997 2998 2999 Tract: 9502 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1014 1015 1016 1051 BG: 3 3000 3001 3002 3016 3017 3019 3020 3021 3022 3023 3024 3025 3026 3052 3053 3054 3055 3056 3057 3058 3059 3999 BG: 4 4000 4001 4002 4003 4017 4018 4019 4020 4021 4022 4023 4024 4025 4040 4041 4042 4043 4999
District 003 Calhoun County
Tract: 9502 BG: 3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3018 3032 3033 BG: 4 4028 4029 4045 4046 4047 4048 4049 4050 4054 4056 4057 4058 4059 4060 4061 4062 4063
District 004 Calhoun County
Tract: 9502 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2026 2029 2030 2031 2997 2998 2999

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BG: 3 3015 3027 3028 3029 3030 3031 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3060 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4026 4027 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4044 4051 4052 4053 4055

District 005 Calhoun County
Tract: 9502 BG: 1 1008 1009 1010 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 BG: 2 2022 2023 2027 2028 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

HB 1747. By Representative Hanner of the 159th:
A BILL to amend an Act providing for the election of the Board of Commissioners of Schley County, so as to change the description of the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1748. By Representative Hanner of the 159th:
A BILL to amend an Act entitled "An Act to stagger the terms of office of members of the Board of Education of Schley County," so as to provide the

TUESDAY, MARCH 26, 2002

2417

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 1749. By Representative Houston of the 166th:
A BILL to amend an Act creating the board of commissioners of roads and revenues of Berrien County, so as to change the number of commissioners; to change the composition of the commissioner districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1750. By Representative Hanner of the 159th:
A BILL to amend an Act providing for the board of education for the Schley County School District, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1752. By Representative Hanner of the 159th:
A BILL to amend an Act reconstituting the board of education of Webster County, so as to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1753. By Representatives Wiles of the 34th, Hines of the 38th, Manning of the 32nd, Wix of the 33rd, Ehrhart of the 36th and others:

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A BILL to authorize the City of Kennesaw to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1754. By Representative Hanner of the 159th:
A BILL to reconstitute the Board of Education of Marion County and provide for its powers, duties, rights, obligations, and liabilities; to continue in office current members of such board; to provide for new education districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1755. By Representatives Walker of the 87th, Unterman of the 84th and Smith of the 91st:
A BILL to provide a homestead exemption from City of Social Circle independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district 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 1756. By Representative Hanner of the 159th:
A BILL to amend an Act creating the board of commissioners of Webster County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

TUESDAY, MARCH 26, 2002

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1757. By Representatives Walker of the 87th and Unterman of the 84th:
A BILL to provide a homestead exemption from Walton 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 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 1758. By Representatives Golick of the 30th, Collins of the 29th, Wix of the 33rd and Johnson of the 35th:
A BILL to authorize the City of Smyrna to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as amended; to provide for a referendum; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1759. 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.

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HB 1772. By Representatives Lucas of the 124th, Randall of the 127th, Reichert of the 126th, Birdsong of the 123rd and Ray of the 128th:
A BILL to amend an Act known as the "Macon Water Authority Act," so as to change the descriptions of the five electoral districts provided for the authority; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1773. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th and Ray of the 128th:
A BILL to amend an Act establishing a board of commissioners of Bibb County, so as to change the descriptions of the four commissioner districts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 527. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1220), an Act approved March 16, 1973 (Ga. L. 1973, p. 2300), an Act approved March 12, 1984 (Ga. L. 1984, p. 3939), an Act approved March 27, 1985 (Ga. L. 1985, p. 4413), and an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to reapportion the commissioner districts; to define certain terms; to provide for residency requirements for election; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; 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.

TUESDAY, MARCH 26, 2002

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SB 528. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Department of Justice for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; 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 529. By Senator Blitch of the 7th:
A BILL to be entitled an Act to create the City of Homerville Recreational Facilities Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain a recreational center and area or centers and areas, including playgrounds, parks, swimming pools, golf courses, tennis courts, athletic fields, grandstands, and stadiums, buildings to be used for various types of sports, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes, buildings to be used for the housing of livestock, horses, cattle, swine, poultry, and agricultural exhibits for exhibition purposes, the erection and construction of buildings to be used for amusement purposes or educational purposes; 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 531. By Senators Guhl of the 45th and Crotts of the 17th:
A BILL to be entitled an Act to amend an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes, approved April 19, 2001 (Ga. L. 2001, p. 4394), so

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as to increase the homestead exemption to $13,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal 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.

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 E Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Bell Benfield Y Birdsong Y Black Y Boggs Bordeaux 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 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 E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall
Hembree Henson Y Hines Holland Holmes Y Houston Howard

Y Hudgens Y Hudson, N E Hudson, S Y Hugley E Irvin Y Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Johnson
Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham
Manning Y Massey
McBee McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Mueller Y Muntean Y O'Neal Y Orrock Y Parham
Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reece
Reed Y Reichert
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 Smith, C
Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre Snelling Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Stokes Y Taylor Teague Y Teper E Tillman Y Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Wilkinson Y Willard Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

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On the passage of the Bills, the ayes were 130, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 138. By Senators Hill of the 4th, Marable of the 52nd, Lamutt of the 21st, Fort of the 39th, Lee of the 29th and others:
A BILL to be entitled an Act 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; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 187. By Senators Johnson of the 1st, Tanksley of the 32nd, Kemp of the 3rd, Hecht of the 34th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to amend Code Section 16-5-70, relating to cruelty to children, so as to eliminate degrees of the offense of cruelty to children; to amend Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, so as to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 257. By Senator Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 47-3-87.1 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in independent school system prior to,

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but not later than, June 30, 1979, so as to provide that such credit may be obtained prior to January 1, 2003; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

SB 373. By Senators Fort of the 39th, Smith of the 25th, Hecht of the 34th and Ragan of the 11th:

A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to employee and employer contributions in the Teachers Retirement System of Georgia and the creation of funds for contributions, benefits, and administrative expenses, so as to provide that any action to increase the employee contribution rate or decrease the employer contribution rate by the board of trustees shall be done only during the month of January; to repeal conflicting laws; and for other purposes.

SB 384. By Senator Jackson of the 50th:

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 the method for calculating funding for certain after-school programs for students who have previously dropped out of school and students who have previously failed courses in a regular day time school; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 427. By Senators James of the 35th, Paul of the 40th, Walker of the 22nd, Starr of the 44th, Gillis of the 20th and others:

SB 428.

A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for the second time, and endangering a child, so as to provide that the age limitation on prosecutions of endangering a child be increased to age 16; to provide for increased penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Senators Tanksley of the 32nd and Meyer von Bremen of the 12th:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to reasonable efforts to preserve and reunify families, case plans, motions to extend, permanency plans and permanency hearings; to provide that reasonable efforts to preserve and reunify families shall be made

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when a child is placed in the custody of the Department of Human Resources; to provide that the Department of Human Resources shall submit 30 day case plans for children in its custody; to provide for court review of the efforts of the Division of Family and Children Services to finalize permanency plans; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 451. By Senators Jackson of the 50th, Dean of the 31st, Starr of the 44th, Hooks of the 14th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to provide that hospital liens are liens against patients causes of action and not patients nor their property or assets; to provide for notice of hospital liens; to provide for the filing time for hospital liens; to provide for the effect of such notice and filing; to provide that hospital liens be segregated from other liens on the records of the clerk of superior court; to provide for the enforcement of such liens against insurers; to provide that releases or covenants not to sue made before or after the discharge of the patient from the hospital shall not affect such liens in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 467. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to create standards, uniformity, oversight, and certification for family violence intervention programs; to provide a short title; to change provisions relating to family violence counseling; to add an article to manage family violence intervention programs; to define terms; to provide for the administration of the programs; to establish a certification process; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to conform certain language relating to family violence intervention programs; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 534. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the terms of court for the Atlantic Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 537. By Senator Williams of the 6th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 538. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing for the election of members to the Board of Education of Laurens County, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 3976), so as to redistrict the Board of Education of Laurens County; to change the description of the education districts; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for a certain submission; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 541. By Senator Gillis of the 20th:
A BILL to be entitled an Act to provide that members of the Board of Education of Johnson County shall be elected in nonpartisan elections; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 542. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the selection, powers, and duties of the vice chairperson; to change certain provisions regarding compensation of members of the board; to provide for the selection, powers, and duties of the clerk of the board; to provide for the exercise of powers, duties, and authority of the board; to provide for submission of this Act for approval

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under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 559. By Senators Balfour of the 9th and Shafer of the 48th:
A BILL to be entitled an Act to amend an Act providing for the Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296), as amended, so as to provide for staggered appointments of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 510. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to appointment of county board members, so as to provide for the removal of board members upon initial conviction of crimes involving moral turpitude; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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.
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.
HB 1485. By Representative Massey of the 86th:
A BILL to provide for a homestead exemption from certain Barrow 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 such homestead; and for other purposes.
HB 1543. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:

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A BILL to amend an Act providing for the Board of Education of Bartow County, so as to change the description of the education districts; and for other purposes.
HB 1574. By Representative Houston of the 166th:
A BILL to provide a new charter for the City of Berlin; and for other purposes.
HB 1591. By Representative Birdsong of the 123rd:
A BILL to amend an Act entitled an Act to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents who are 62 years of age or older and whose net income does not exceed $15,000.00, so as to increase the amount of such exemption to $25,000.00 of the assessed value of the homestead; and for other purposes.
HB 1593. By Representative Bell of the 25th:
A BILL to amend an Act establishing a system of public schools in the City of Jefferson, so as to revise the districts for the election of members of the board of education; and for other purposes.
HB 1594. By Representative Bell of the 25th:
A BILL to amend an Act providing a new charter for the City of Jefferson, so as to change the description of the council districts; and for other purposes.
HB 1598. By Representatives Manning of the 32nd, Wix of the 33rd, Collins of the 29th, Johnson of the 35th, Parsons of the 40th and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; and for other purposes.
HB 1601. By Representatives Royal of the 164th, Houston of the 166th and Scott of the 165th:
A BILL to amend an Act relating to the Board of Education of Colquitt County, so as to change the description of the education districts; and for other purposes.

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HB 1602. 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 reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.
HB 1605. By Representative Murphy of the 18th:
A BILL to amend an Act relating to the board of education of Haralson County, so as to change the composition of the districts from which members of the board are elected; and for other purposes.
HB 1608. By Representatives Wiles of the 34th, Hines of the 38th, Ehrhart of the 36th, Franklin of the 39th, Collins of the 29th 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.
HB 1612. By Representatives Shanahan of the 10th, Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A BILL to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplement to be paid to each judge and to the district attorney of such circuit; and for other purposes.
HB 1615. By Representatives Amerson of the 7th and Poag of the 6th:
A BILL to amend an Act providing for the election of the members of the Board of Education of Fannin County, so as to change the provisions relating to the compensation of the members of the board of education; and for other purposes.
HB 1618. By Representative Hanner of the 159th:
A BILL to amend an Act creating a Board of Commissioners of Terrell County, so as to reapportion the commissioner districts; and for other purposes.

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HB 1623. By Representatives Westmoreland of the 104th, Brown of the 130th, Smith of the 103rd and Yates of the 106th:
A BILL to amend an Act providing for the composition of the Board of Education of Coweta County, so as to change the description of the education districts; and for other purposes.
HB 1626. By Representative Hugley of the 133rd:
A BILL to amend an Act relating to the board of commissioners of Talbot County, so as to repeal certain provisions relating to filling of vacancies; and for other purposes.
HB 1631. By Representatives O'Neal of the 139th and Birdsong of the 123rd:
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 1635. By Representative Broome of the 160th:
A BILL to amend an Act creating the Board of Commissioners of Decatur County, so as to reapportion the commissioner districts; and for other purposes.
HB 1638. By Representatives Wix of the 33rd, Golick of the 30th, Johnson of the 35th, Parsons of the 40th, Manning of the 32nd 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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 1459. By Representatives Ehrhart of the 36th, Wiles of the 34th, Manning of the 32nd, Wix of the 33rd, Johnson of the 35th and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:

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HB 1480. By Representatives Hembree of the 98th and Snelling of the 99th:
A BILL to amend an Act providing for election districts for the board of education of Douglas County, so as to change the description of the education districts; and for other purposes.
HB 1573. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A BILL to provide a new charter for the City of Lavonia; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 923. By Senator Gingrey of the 37th:
A RESOLUTION recognizing April as Confederate History and Heritage Month; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 560. By Senators Cheeks of the 23rd and Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 561. By Senators Cheeks of the 23rd and Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting

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Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 564. By Senator Guhl of the 45th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1625. By Representatives Buckner of the 95th, Barnes of the 97th, Seay of the 93rd, Jordan of the 96th and Dodson of the 94th:
A BILL to amend an Act creating the Clayton County Board of Commissioners, so as to increase the membership of the board to six members; to provide for the election of members of the board; to provide for terms of office; to provide for related matters; and for other purposes.
HB 1646. By Representatives Yates of the 106th, Smith of the 103rd, Brown of the 130th and Westmoreland of the 104th:
A BILL to amend an Act providing a homestead exemption from certain Coweta County ad valorem taxes for county purposes, so as to increase certain homestead exemption amounts; and for other purposes.
HB 1648. By Representative Morris of the 155th:
A BILL to amend an Act to provide for the composition of the Board of Education of Wheeler County, so as to provide for the compensation of the members of said board; and for other purposes.
HB 1650. By Representatives Dodson of the 94th, Jordan of the 96th, Buckner of the 95th and Barnes of the 97th:
A BILL to amend an Act reincorporating the City of Lake City, so as to change the corporate boundaries of said city; and for other purposes.

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HB 1653. By Representative Greene of the 158th:
A BILL to amend an Act creating the Board of Commissioners of Randolph County, so as to change the description of the commissioner districts; and for other purposes.
HB 1654. By Representative Greene of the 158th:
A BILL to amend an Act reconstituting the Board of Education of Randolph County, so as to change the description of the education districts; and for other purposes.
HB 1655. By Representatives Yates of the 106th, Westmoreland of the 104th, Smith of the 103rd and Brown of the 130th:
A BILL to amend an Act creating a board of commissioners for Coweta County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1658. By Representatives Cummings of the 27th and Murphy of the 18th:
A BILL to amend an Act creating a board of commissioners of roads and revenue in and for the County of Polk, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.
HB 1660. By Representative Hudson of the 156th:
A BILL to repeal an Act providing for a nonstaggered four-month vehicle registration period for Wilcox County; to specify the vehicle registration period for Wilcox County; and for other purposes.
HB 1661. By Representative Hudson of the 156th:
A BILL to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the description of the commissioner districts; and for other purposes.
HB 1662. By Representative Reece of the 11th:
A BILL to provide for the election of members of the board of education of Chattooga County; to revise the districts for the election of members of the board of education; and for other purposes.

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HB 1666. By Representative Sholar of the 179th:
A BILL to amend an Act creating a new Board of Education of Grady County, so as to provide for a new method of filling vacancies occurring on such board; and for other purposes.
HB 1698. By Representatives Lucas of the 124th, Randall of the 127th, Reichert of the 126th, Ray of the 128th and Graves of the 125th:
A BILL to amend an Act establishing the Board of Public Education for Bibb County, so as to provide for the number of members comprising the board of education; to provide for the election of board members and filling vacancies; to reapportion the education districts within the Bibb County School District; 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 138. By Senators Hill of the 4th, Marable of the 52nd, Lamutt of the 21st, Fort of the 39th, Lee of the 29th and others:
A BILL to be entitled an Act 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; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 187. By Senators Johnson of the 1st, Tanksley of the 32nd, Kemp of the 3rd, Hecht of the 34th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to amend Code Section 16-5-70, relating to cruelty to children, so as to eliminate degrees of the offense of cruelty to children; to amend Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, so as to redefine the term "serious injury" to include sexual abuse of a minor under

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2435

the age of 16 years; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 257. By Senator Fort of the 39th:
A BILL to be entitled an Act to amend Code Section 47-3-87.1 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in independent school system prior to, but not later than, June 30, 1979, so as to provide that such credit may be obtained prior to January 1, 2003; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 373. By Senators Fort of the 39th, Smith of the 25th, Hecht of the 34th and Ragan of the 11th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to employee and employer contributions in the Teachers Retirement System of Georgia and the creation of funds for contributions, benefits, and administrative expenses, so as to provide that any action to increase the employee contribution rate or decrease the employer contribution rate by the board of trustees shall be done only during the month of January; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 384. By Senator Jackson of the 50th:
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 the method for calculating funding for certain after-school programs for students who have previously dropped out of school and

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students who have previously failed courses in a regular day time school; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 427. By Senators James of the 35th, Paul of the 40th, Walker of the 22nd, Starr of the 44th, Gillis of the 20th and others:
A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice of conviction for persons convicted for the second time, and endangering a child, so as to provide that the age limitation on prosecutions of endangering a child be increased to age 16; to provide for increased penalties; 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 428. By Senators Tanksley of the 32nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to reasonable efforts to preserve and reunify families, case plans, motions to extend, permanency plans and permanency hearings; to provide that reasonable efforts to preserve and reunify families shall be made when a child is placed in the custody of the Department of Human Resources; to provide that the Department of Human Resources shall submit 30 day case plans for children in its custody; to provide for court review of the efforts of the Division of Family and Children Services to finalize permanency plans; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 451. By Senators Jackson of the 50th, Dean of the 31st, Starr of the 44th, Hooks of the 14th and Crotts of the 17th:

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2437

A BILL to be entitled an Act to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to hospitals and nursing homes, so as to provide that hospital liens are liens against patients causes of action and not patients nor their property or assets; to provide for notice of hospital liens; to provide for the filing time for hospital liens; to provide for the effect of such notice and filing; to provide that hospital liens be segregated from other liens on the records of the clerk of superior court; to provide for the enforcement of such liens against insurers; to provide that releases or covenants not to sue made before or after the discharge of the patient from the hospital shall not affect such liens in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
3/26/2002
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SB 451. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jamieson District 22
Referred to the Committee on Health and Ecology.
SB 467. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to create standards, uniformity, oversight, and certification for family violence intervention programs; to provide a short title; to change provisions relating to family violence counseling; to add an article to manage family violence intervention programs; to define terms; to provide for the administration of the programs; to establish a certification process; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to conform certain language relating to family violence intervention programs; to provide for an

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effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 510. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to appointment of county board members, so as to provide for the removal of board members upon initial conviction of crimes involving moral turpitude; 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.

SB 534. By Senator Kemp of the 3rd:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the terms of court for the Atlantic Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 537. By Senator Williams of the 6th:
A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.
SB 538. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing for the election of members to the Board of Education of Laurens County, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 3976), so as to redistrict the Board of Education of Laurens County; to change the description of the education districts; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for a certain submission; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 541. By Senator Gillis of the 20th:
A BILL to be entitled an Act to provide that members of the Board of Education of Johnson County shall be elected in nonpartisan elections; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 542. By Senator Gillis of the 20th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the selection, powers, and duties of the vice chairperson; to change certain provisions regarding compensation of members of the board; to provide for the selection, powers, and duties of the clerk of the board; to provide for the exercise of powers, duties, and authority of the board; to provide for submission of this Act for approval

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under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 559. By Senators Balfour of the 9th and Shafer of the 48th:
A BILL to be entitled an Act to amend an Act providing for the Gwinnett County Board of Registrations and Elections, approved March 24, 1988 (Ga. L. 1988, p. 4296), as amended, so as to provide for staggered appointments of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 560. By Senators Cheeks of the 23rd and Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 561. By Senators Cheeks of the 23rd and Gillis of the 20th:
A BILL to be entitled an Act to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting

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Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 564. By Senator Guhl of the 45th:
A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SR 923. By Senator Gingrey of the 37th:
A RESOLUTION recognizing April as Confederate History and Heritage Month; and for other purposes.

Referred to the Committee on Rules.

Representative Childers of the 13th arose to a point of personal privilege and addressed the House.

Representative Turnquest of the 73rd arose to a point of personal privilege and addressed the House.

The following communication was received:

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JOURNAL OF THE HOUSE
State of Georgia Office of the Governor
Atlanta 30334-0900

March 25, 2002

The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line item vetoed the following Sections in House Bill 1001:
Section 32, pertaining to the Soil and Water Conservation Commission, page 35, line 1513;
Section 41, pertaining to the Department of Administrative Services, page 40, lines 1732 through 1734;
Section 42, pertaining to the Department of Community Affairs, page 40, lines 1745 through 1748;
Section 42, pertaining to the Department of Community Affairs, page 94, lines 3882 through 3884;
Section 51, pertaining to the Department of Transportation, page 97, lines 3990 through 3994;
Section 51, pertaining to the Department of Transportation, page 98, lines 4011 through 4012;
Section 60, pertaining to Federal Funds, page 100, lines 4103 through 4107;

TUESDAY, MARCH 26, 2002

2443

Section 61, pertaining to the State of Georgia General Obligation Debt Sinking Fund for the Board of Regents, page 108, lines 4374 through 4379.
Please be further advised that I have denied the following Fund Allocations in House Bill 1001:
Item 12 on page 33 of the Comparative Summary of HB 1001, pertaining to the Department of Human Resources;
Item 4.e. on page 68 of the Comparative Summary of HB 1001, pertaining to General Obligation Bonds for the Boards of Regents and the Georgia Military College;
Section 61, pertaining to the State of Georgia General Obligation Debt Sinking Fund for the Department of Human Resources, page 108, lines 4394 through 4400;
Section 61, pertaining to the State of Georgia General Obligation Debt Sinking Fund for the Department of Technical and Adult Education, page 108, lines 4401 through 4407.
The Veto Messages and Fund Allocation Denials are attached for each item referenced above.

Sincerely, /s/ Roy E. Barnes
REB/jcb
Attachments
cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Cathy Cox, Secretary of State Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

2444

JOURNAL OF THE HOUSE Vetoes -- House Bill 1001

Section 32, pertaining to the Soil and Water Conservation Commission, page 35, line 1513:
$150,000 is appropriated to contracts as additional funds to recover past shortfalls from water planning programs. However, the planning programs are multiyear projects with previously identified research projects and objectives. Current funding levels are sufficient to accomplish the water planning programs' goals. Therefore, no shortfalls exist, and additional funding is not necessary. HB 1001 also includes an $11,400 reduction to the commission's contracts object class for a net change of $138,600. Therefore, the amended Contracts (line item 1513; page 35) of $1,663,600 is vetoed, the amendment is ineffectual, and the Contracts line item shall remain the original appropriation of $1,525,000 as in HB 175. (See Opinion Attorney General U74-36).

Section 41, pertaining to the Department of Administrative Services, page 40, lines 1732 through 1734:
This language was approved in the 1996 session of the General assembly to control the purchase of communications equipment that was not compatible with an 800-megahertz system. All communications equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1732 to 1734, page 40) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.

Section 42, pertaining to the Department of Community Affairs, page 40, lines 1745 through 1748:
As a part of the budget cuts to FY 1992, an Environmental Protection Division grant program that provided local governments with small loans for emergency water and sewer projects was eliminated. Later, this program was replaced with a state-funded loan program in the Georgia Environmental Facilities Authority (GEFA). This language was added to the appropriation bill at that time to highlight that a "loan" program was replacing a "grant" program. There has been no state funding for the GEFA emergency loan program since the end of FY 1999 and this language is no longer necessary. Therefore, this language (lines 1745 to 1748, page 40) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.

TUESDAY, MARCH 26, 2002

2445

Section 42 pertaining to the Department of Community Affairs, page 94, lines 3882 through 3884:
This language authorizes the Department to provide a total of $74,100 in special support for the Southeast Georgia Regional Development Center from the Contracts for Regional Planning and Development object class. The Fiscal Affairs Subcommittee of the House and Senate Appropriations Committees transferred state funds appropriated for this purpose in HB 175 from Contracts for Regional Planning and Development to the Contracts object class to properly classify funding for a contract with the Southeast Georgia Regional Development Center for the delivery of assistance and services to cities and counties within the center's service area. Due to that transfer, this language is no longer necessary. Therefore, this language (lines 3882 to 3884, page 94) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed.

Section 51, pertaining to the Department of Transportation, page 97, lines 3990 through 3994:
This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 3990 to 3994, page 97) in the Provisions Relative to Section 36, Department of Transporation is vetoed and has been vetoed previously.

Section 51, pertaining to the Department of Transportation, page 98, lines 4011 through 4012:
This language authorizes the Department to utilize available funds for the purpose of installing call boxes on rural interstate highways. Interstate highway projects are prioritized by need and identified funding sources. At this time there is no identified funding source for call boxes on rural interstate highways, as no funds have been appropriated for this purpose. Therefore, this language (lines 4011 to 4012, page 98) in the Provisions Relative to Section 36, Department of Transporation is vetoed.

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Section 60, pertaining to Federal Funds, page 100, lines 4103 through 4107:
This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 4013 to 4107, page 100) in Section 60 is vetoed and has been vetoed previously.

Section 61, pertaining to the State of Georgia General Obligation Debt Sinking Fund for the Board of Regents, page 108, lines 4374 through 4379:
This language authorizes bonds for construction of local public libraries. The General Assembly's comparative summary identifies four libraries for construction. The libraries added by the General Assembly included two libraries (Telfair County and Wheeler County) that were not on any priority list provided in the Board of Regents request. Also, documentation has not been received to verify that these two counties own the land, have raised the required local funds and are ready to build. Two libraries are on the Regents priority list with Berrien County being first priority, but Clayton County being fifth priority. The veto of this bond appropriation does not indicate that funding for local libraries will no be considered. When our economy improves and several years of continuous funding for libraries can be assured, I will consider bond funding for local libraries provided it is based on the Regents priority ranking system and that all projects meet the appropriate criteria. The two key criteria are certification that the county government owns the land and has the required local match in place. All libraries in this proposed bond appropriation are not on the Regents priority ranking system and do not meet the requisite criteria. Therefore, this language (lines 4374 to 4379, page 108) in the Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund is vetoed.

Fund Allocation Delays -- House Bill 1001

Item 12 on page 33 of the Comparative Summary of HB 1001, pertaining to the Department of Human Resources:
This item contains language authorizing the Department to provide $300,000 in tobacco settlement funds to the Georgia Institute for Lung Cancer Research.

TUESDAY, MARCH 26, 2002

2447

Tobacco settlement funds are being appropriated to the Department of Human Resources as part of the state's effort to eradicate cancer. One part of this effort is to support the best research and treatment practices available across the state and around the nation to reduce cancer incidence, morbidity and mortality rates in Georgia. In order to ensure the state has available to it the most promising research available, researchers should have a fair opportunity to apply for grants on a competative basis rather than have funds designated to specific entities. Therefore, the Office of Planning and Budget is directed to not allot the funds for this purpose and instead should direct the Department of Human Resources to make the funds available to researchers through the use of challenge grants awarded through a competitive process.

Item 4.e. on page 68 of the Comparative Summary of HB 1001, pertaining to General Obligation Bonds for the Board of Regents and the Georgia Military College:
This item contains language directing the Georgia State Financing and Investment Commission (GSFIC) not to release funds ($13,430,000) for an academic building at Georgia military College (GMC) until GMC becomes administratively attached to the Department of Technical and Adult Education (DTAE).
This language in the comparative summary is in conflict with the language included in Section 61, lines 4129 through 4135, of HB 1001 which appropriates funds for projects for the Board of Regents. The law (Code Section 20-3-561) says that GMC "shall receive any designated funds appropriated by the General Assembly through the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education," but HB 1001 appropriates funds for the Board of Regents. The curriculum and the students of GMC are more in line with the two-year colleges of Regents than the two-year technical colleges of DTAE. The state connection to GMC through the Board of Regents has served us well over the years and a substantial finding to the contrary should be the only reason to change that connection. Until the law is changed to attach GMC to DTAE for administrative purposes, any state funds made available to GMC should continue to flow through the Board of Regents. Therefore, I am directing the Georgia State Financing and Investment Commision and the Board of Regents to ignore the language attached to item 4.e. on page 68 of the Comparative Summary of HB 1001. GSFIC should issue bonds for GMC through the Board of Regents in the bond sale that includes the GMC project.

Section 61 pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 108, lines 4394 through 4400:

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JOURNAL OF THE HOUSE

This language appropriates a principal amount of $500,000 in General Obligation Debt to finance a facility for the Department of Human Resources. Accordcing to Item 58 on page 76 of the Comparative Summary of HB 1001, these funds are earmarked to design a public health laboratory to replace the existing lab in Waycross. Based on pre-design activities, the Department of Human Reosurces requested funds in the FY 2003 budget to construct a new lab in Waycross. No design or construction funds for the lab were recommended in the FY 2003 budget recommendations to the General Assembly since the most suitable location for a new lab for South Georgia is in question. Therefore, I am directing the Georgia State Financing and Investment Commission that bonds for this project as stated in lines 4394 to 4400, page 108 in the Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund not be sold unless and until land is identified and acquired that is suitable to the state.

Section 61, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 108, lines 4401 - 4407:
$690,000 in General Obligation Debt is appropriated to the Department of Technical and Adult Education (DTAE) for predesign of a classroom building at DeKalb Technical College. Since the predesign of this facility has been completed, it is assumed that these funds would be used for final design and engineering in preparation of putting the project out to bid. The predesign shows that this project is to be built on the site of an existing parking lot and requires the acquisition of non-state owned land contiguous to the DeKalb Technical College campus. Since no funds have been appropriated or identified to acquire the additional land needed for this construction project, completing the design work is premature at this time. Therefore, I am directing the Georgia State Financing and Investment Commission to not sell bonds for this $690,000 DTAE project until such time as funds are appropriated for the necessary land acquisition.

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 1693. By Representatives Shaw of the 176th and Dodson of the 94th:
A BILL to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, so as to include towing and storage costs in the losses for which an insurer must pay to a third party on behalf of an insured under a motor vehicle or automobile liability insurance policy; and for other purposes.

TUESDAY, MARCH 26, 2002

2449

The following Committee substitute was read and adopted:
A BILL
To amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, so as to include towing and storage costs in the losses for which an insurer must pay to a third party on behalf of an insured under a motor vehicle or automobile liability insurance policy; 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 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, is amended by striking the Code section in its entirety and inserting in lieu thereof a new Code Section 33-7-11.1 to read as follows:
"33-7-11.1. (a) As used in this Code section, 'liability insurance policy' means an automobile liability or motor vehicle liability insurance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state. (b) Whenever any insurer undertakes Any insurer, upon acceptance of liability, pursuant to any automobile liability or motor vehicle liability insurance policy, to shall pay reasonable benefits for losses, including total losses, to a third party on behalf of an insured for loss of use and towing and storage costs of such a motor vehicle, and the liability of the insurer for payment of the benefits for losses, including total losses, to the third party shall commence as of the time of the incident or occurrence which results in the loss of use of the motor vehicle such losses; provided, however, in no event shall this Code section be construed so as to relieve the claimant of his or her obligation to mitigate his or her losses or to require the payment of loss of use and towing and storage costs benefits in an amount which is greater than the actual loss of use losses suffered. (c) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies pursuant to which an insurer undertakes to that pay benefits to a third party on behalf of an insured for the loss of use and towing and storage costs of such motor vehicle issued, delivered, or renewed in this state on or after November 1, 1982 July 1, 2002."

2450

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 E Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks
Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell
Childers Y Coan Y Coleman, B Y Coleman, T Y Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis N 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree
Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N E Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings
Johnson Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Lucas Y Lunsford Maddox Y Mangham Manning Y Massey Y McBee Y McCall McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece
Reed 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
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
Snow Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Teague Y Teper E Tillman Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 140, nays 1.

TUESDAY, MARCH 26, 2002

2451

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dean of the 48th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1297. By Representatives Everett of the 163rd, Bridges of the 9th, Pelote of the 149th, Poag of the 6th, James of the 140th and others:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate grits as the official prepared food of the State of Georgia; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Allen E Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell N Benfield
Birdsong Y Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Bulloch Y Bunn N Burkhalter N Burmeister Y Byrd N Callaway Campbell Y Cash Channell

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin
Gardner N Golick Y Grasse Y Graves Y Greene
Hammontree Y Hanner N Harbin E Harrell Y Heard E Heckstall

Y Hudgens Y Hudson, N E Hudson, S
Hugley Y Irvin Y Jackson, B N Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson
Jordan N Joyce Y Kaye Y Keen Y Knox Y Lane
Lanier Y Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham
Manning N Massey Y McBee Y McCall

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece
Reed Y Reichert N Rice Y Richardson Y Roberts, D
Roberts, L N Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott

Y Smith, B Smith, C
N 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 Stanley Y Stanley-Turner Y Stephens
Stokes N Taylor
Teague N Teper E Tillman
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland N Wiles

2452
N Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

Y Hembree Henson
Y Hines Y Holland N Holmes Y Houston Y Howard

McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper

Y Wilkinson N Willard
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 120, nays 22. The Bill, having received the requisite constitutional majority, was passed.

Representative Birdsong of the 123rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1616. By Representative Floyd of the 138th:
A BILL to amend Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Surface Mining Act of 1968," so as to change the definition of surface mining; to change the provisions relating to borrow pits; 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 E Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster

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 Mueller Y Muntean Y O'Neal Y Orrock Y Parham
Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece

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 Stanley Y Stanley-Turner Y Stephens
Stokes Y Taylor

Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash
Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree
Henson Y Hines Y Holland Y Holmes
Houston Y Howard

Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley

Reed 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

2453
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard
Williams, J Y Williams, R 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.

Due to a mechanical malfunction, the vote of Representative Mobley of the 69th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1444. By Representatives Broome of the 160th, Buck of the 135th, Walker of the 141st, Stanley of the 50th, Stanley of the 49th and others:
A BILL to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations on local imposition of certain taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; and for other purposes.

The following substitute, offered by Representative Bannister of the 77th et al., was read:

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JOURNAL OF THE HOUSE

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide that certain taxes shall be excluded in computing the limitation on the total amount of local sales and use taxes which may be levied; to change certain provisions of the special county 1 percent sales and use tax and authorize the use and expenditure of tax proceeds for certain capital outlay projects consisting of a hospital or hospital facilities; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking subsection (b) of Code Section 48-8-6 , relating to limitations on local imposition of certain taxes, and inserting in its place a new subsection (b) to read as follows:
"(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; and (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 964; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed."
SECTION 2. Said chapter is further amended by striking subparagraphs (a)(1)(B), (a)(1)(I.1), and (a)(1)(J) of Code Section 48-8-111, relating to imposition of special county 1 percent sales and use tax, and inserting in their place new subparagraphs (a)(1)(B), (a)(1)(J), (a)(1)(K), and (a)(1)(L) to read as follows:
"(B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county or regional jail,

TUESDAY, MARCH 26, 2002

2455

correctional institution, or other detention facility; a county library; a coliseum; local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 128-22, as amended; or any combination of such projects;" "(I.1)(J) A capital outlay project or projects of the county for the use and benefit of the citizens of the entire county and consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; or (K) A capital outlay project or projects for the use and benefit of the citizens of the entire county and consisting of a hospital or hospital facilities which are owned, operated, or leased by or from a county or a hospital authority; or (J)(L) Any combination of two or more of the foregoing;".
SECTION 3. This Act shall become effective on July 1, 2002. Section 2 of this Act shall apply with respect to taxes imposed or to be imposed under resolutions or ordinances adopted on or after July 1, 2002.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Campbell of the 42nd moves to amend the Floor substitute to HB 1444 as follows:
By deleting Section 2.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen E Amerson N Anderson N Ashe N Bannister Y Barnard

N Cox Y Crawford N Cummings Y Davis Y Day N Dean

Hudgens N Hudson, N
Hudson, S N Hugley Y Irvin Y Jackson, B

Y Mueller N Muntean Y O'Neal N Orrock
Parham N Parrish

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L N Smith, P N Smith, T

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N Barnes N Bell N Benfield Y Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Deloach, B Y Deloach, G E Dix N Dodson N Drenner
Dukes Y Ehrhart N Epps Y Everett N Floyd N Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree
Hanner Y Harbin E Harrell N Heard E Heckstall Y Hembree
Henson Y Hines N Holland N Holmes N Houston N Howard

N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce
Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Massey N McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

N Parsons E Pelote
Pinholster Y Poag N Porter N Powell N Purcell N Ragas N Randall
Ray Reece N Reed 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 Y Shaw N Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 61, nays 93. The amendment was lost.

Y Smith, V N Smyre Y Snelling
Snow Y Squires N Stallings N Stanley N Stanley-Turner Y Stephens
Stokes N Taylor
Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J N Williams, R N Wix Y Yates
Murphy, Speaker

The following amendments were read and adopted:

Representative Campbell of the 42nd moves to amend the Floor substitute to HB 1444 as follows:
Add after "authority" on page 2, line 25
", and which are not funded fully or partially from county general revenues."

Representative Broome of the 160th moves to amend the Floor substitute to HB 1444 as follows:

TUESDAY, MARCH 26, 2002

2457

Page 1, line 25, strike "964" Replace with "1008".

The following amendment was read:

Representatives Irvin of the 45th and Broome of the 160th move to amend the Floor substitute to HB 1444 as follows:
By striking lines 23 through 26 of page 1 and inserting in their place the following:
"(2) A sales and use tax levied solely for the purpose of constructing or improving capital sewer projects".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen E Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell N Benfield N Birdsong Y Black Y Boggs 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 N Callaway Y Campbell Y Cash N Channell N Childers

N Cox Y Crawford Y Cummings Y Davis Y Day N Dean
Deloach, B Y Deloach, G E Dix N Dodson
Drenner Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves Y Greene Hammontree Y Hanner Y Harbin E Harrell N Heard E Heckstall Y Hembree

Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee N McCall N McClinton

Y Mueller Y Muntean Y O'Neal N Orrock
Parham Parrish Y Parsons E Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow Y Squires N Stallings N Stanley N Stanley-Turner Y Stephens
Stokes N Taylor
Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson

2458
Y Coan Y Coleman, B N Coleman, T Y Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

N Henson Y Hines N Holland N Holmes N Houston N Howard

N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper

Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 79, nays 83. The amendment was lost.

Representative Irvin of the 45th moved that the House reconsider its action in failing to adopt the Irvin amendment.

On the motion, the roll call was ordered and the vote was as follows:

N Allen E Amerson N Anderson N Ashe N Bannister Y Barnard Y Barnes Y Bell N Benfield N Birdsong Y Black Y Boggs 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 N Childers Y Coan Y Coleman, B
Coleman, T Y Collins N Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean
Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick
Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard E Heckstall Y Hembree N Henson Y Hines Y Holland N Holmes Y 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 N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley

Y Mueller Y Muntean Y O'Neal N Orrock
Parham Parrish Parsons E Pelote Y Pinholster Poag N Porter N Powell N Purcell N Ragas N Randall N Ray Y Reece N Reed 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 Y Shanahan Y Shaw N Sholar Y Sims N Sinkfield N Skipper

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens
Stokes N Taylor
Teague N Teper E Tillman N Turnquest
Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix
Yates Murphy, Speaker

TUESDAY, MARCH 26, 2002

2459

On the motion, the ayes were 87, nays 73. The motion prevailed.
By unanimous consent, further consideration of HB 1444 was postponed until after lunch.
The Speaker announced the House in recess until 1:15 o'clock this afternoon.

2460

JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

HB 1444 was again taken up for consideration.

The Irvin amendment, previously read, was withdrawn from consideration.

The following amendment was read and adopted:

Representatives Irvin of the 45th and Broome of the 160th move to amend the Floor substitute to HB 1444 by inserting between "amendment" and the period on line 26 of page 1 the following:
"; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(F) of Code Section 48-8-111 solely for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects and such exception shall apply only during the period the tax under said subparagraph (a)(1)(F) is in effect".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Bell Y Benfield

Y Cox Y Crawford Y Cummings N Davis
Day Dean Y Deloach, B Y Deloach, G E Dix

Y Hudgens Y Hudson, N Y Hudson, S
Hugley Y Irvin
Jackson, B Y Jackson, L
James Jamieson

N Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons E Pelote Y Pinholster

N Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre E Snelling

Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell
Cash Channell Y Childers N Coan Y Coleman, B Coleman, T Collins Y Connell N Cooper

TUESDAY, MARCH 26, 2002

Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner N Golick Y Grasse N Graves Y Greene Y Hammontree Y Hanner N Harbin E Harrell Y Heard E Heckstall
Hembree Henson Y Hines Y Holland Holmes Y Houston Howard

Y Jenkins Y Jennings Y Johnson
Jordan N Joyce Y Kaye N Keen Y Knox Y Lane Y Lanier N Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham Manning N Massey Y McBee Y McCall McClinton McKinney N Millar N Mills Mobley Y Morris Y Mosley

Y Poag Porter Powell
Y Purcell Y Ragas
Randall Ray Y Reece Reed Y Reichert Rice Y Richardson N Roberts, D Roberts, L Y Rogers Y Royal Sailor N Sanders Y Scheid Y Scott Seay Y Shanahan Y Shaw Y Sholar Sims Sinkfield Y Skipper

2461
Y Snow Squires Stallings Stanley Stanley-Turner Stephens
Y Stokes Taylor Teague
Y Teper E Tillman
Turnquest Y Twiggs N Unterman
Walker, L Y Walker, R.L
Watson E West Y Westmoreland Y Wiles Y Wilkinson N Willard
Williams, J Y Williams, R Y Wix
Yates Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 94, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Dean of the 48th, Sims of the 167th, Stanley of the 49th 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.

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.

HR 946. By Representatives Stanley of the 50th, Stanley of the 49th, Sinkfield of the 57th, Ashe of the 46th, Benfield of the 67th and others:
A RESOLUTION creating the Commission on Psychiatric Medication of School-Age Children; and for other purposes.

2462

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1178. By Representatives Powell of the 23rd, Murphy of the 18th and Westmoreland of the 104th:
A RESOLUTION creating a Joint House and Senate Study Committee on the Certification or Licensure of Home Builders and Commercial General Contractors; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1296. By Representative Parham of the 122nd:
A RESOLUTION designating the "J.T. 'Sonny' King Memorial Regional Office" of the Georgia Bureau of Investigation at Milledgeville; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1320. By Representatives Benfield of the 67th, Drenner of the 66th and Henson of the 65th:
A RESOLUTION designating that portion of Covington Highway within the city limits of Avondale Estates as a Blue Star Memorial Highway; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.

TUESDAY, MARCH 26, 2002

2463

On the adoption of the Resolutions, 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 Benfield Y Birdsong Y Black Y Boggs
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
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 Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Hembree Henson Y Hines 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 Y Maddox Y Mangham
Manning Y Massey Y McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag
Porter Powell Y Purcell Y Ragas Y Randall Ray Y Reece Y Reed Y Reichert 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 Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre E Snelling
Snow Squires Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Williams, J Y Williams, R Wix Y Yates Murphy, Speaker

On the adoption of the Resolutions, the ayes were 143, nays 2. The Resolutions, having received the requisite constitutional majority, were adopted.

Representative Hembree of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

2464

JOURNAL OF THE HOUSE

HR 905. By Representatives Holmes of the 53rd, Watson of the 70th, Ashe of the 46th, Wilkinson of the 43rd, Willard of the 44th and others:
A RESOLUTION creating the Commission on Regional Transportation; and for other purposes.
The following substitute, offered by Representatives Holmes of the 53rd and McKinney of the 51st, was read and adopted:
A RESOLUTION
Creating the Commission on Regional Public Mass Transit; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
WHEREAS, the metropolitan Atlanta area has severe and continuing traffic problems which detract from the quality of life in the region; and
WHEREAS, as Georgia has increased in population and development, the demand for public mass transit has grown and placed great stress on the ability of existing public mass transit infrastructure to meet the need for such transportation in the region; and
WHEREAS, the growth of the region has extended the need for public mass transit from the core counties of Fulton and DeKalb into the surrounding counties; and
WHEREAS, there is a continuing and worsening problem with the pollution and contamination of our air and, consequently, the health of our citizens as a result of traffic congestion in the region which also affects the ability of the state to obtain transportation funding; and
WHEREAS, there is a compelling need to develop a regional plan for the provision of public mass transit.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Commission on Regional Public Mass Transit to be composed of 13 members, as follows: one citizen appointed by the Governor from each of the following counties: Clayton, Cobb, DeKalb, Fulton, and Gwinnett; the executive director of the Metropolitan Atlanta Rapid Transit Authority or his or her designee; the executive director of the Georgia Regional Transportation Authority or his or her designee; one member from each of the legislative delegations representing Clayton,

TUESDAY, MARCH 26, 2002

2465

Cobb, DeKalb, Fulton, and Gwinnett counties selected by the members of each respective delegation from among the members of the respective delegation; and the executive director of the Atlanta Regional Commission 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, shall be filled by appointment by the original appointing authority. The members of the commission at their first meeting shall select one of the members of the commission to serve as chairperson and another member to serve as vice chairperson. The commission may appoint such other offices or positions from among its members as it deems necessary. The commission shall meet at the call of the chairperson.
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 Carl Vinson Institute of Government of the University of Georgia.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto, to specifically include, but not be limited to, the development of a comprehensive regional public mass transit plan and the development of policies regarding the methods of funding public mass transit systems in the region and the coordination of public mass transit services as well as the advisability of creating a single public mass transit system for the entire region as opposed to separate county systems, and 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 12 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 from legislative funds 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 House of Representatives and Senate. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2002. The commission shall stand abolished on December 31, 2002.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

2466

JOURNAL OF THE HOUSE

Y Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes N Bell Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash
Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

N Cox N Crawford
Cummings N Davis
Day Y Dean Y Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps
Everett Y Floyd N Forster N Franklin Y Gardner N Golick N Grasse N Graves Y Greene N Hammontree Y Hanner N Harbin E Harrell Y Heard E Heckstall
Hembree Henson N Hines Y Holland Y Holmes Y Houston Y Howard

N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord
Lucas N Lunsford N Maddox Y Mangham N Manning N Massey N McBee
McCall McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

N Mueller N Muntean Y O'Neal Y Orrock
Parham Y Parrish N Parsons E Pelote N Pinholster Y Poag Y Porter
Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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 N Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

N Smith, B Smith, C
N Smith, C.W N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre E Snelling Y Snow
Squires Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Wix N Yates Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 81, nays 74. The Resolution, having failed to receive the requisite constitutional majority, was lost.

Representative Holmes of the 53rd moved that the House reconsider its action in failing to give the requisite constitutional majority to HR 905.

On the motion, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson

Cox N Crawford
Cummings

N Hudgens Y Hudson, N Y Hudson, S

N Mueller N Muntean
O'Neal

N Smith, B Smith, C
N Smith, C.W

Y Ashe N Bannister N Barnard Y Barnes Y Bell Y Benfield Y Birdsong N Black Y Boggs N Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins Y Connell N Cooper

TUESDAY, MARCH 26, 2002

N Davis Day Dean
Y Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner N Golick N Grasse N Graves Y Greene N Hammontree Y Hanner N Harbin E Harrell Y Heard E Heckstall
Hembree Y Henson N Hines
Holland Y Holmes Y Houston Y Howard

Hugley Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce N Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford N Maddox Y Mangham Manning N Massey N McBee N McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Orrock Parham
Y Parrish N Parsons E Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall N Ray Y Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the motion, the ayes were 82, nays 73. The motion prevailed.

2467
N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre E Snelling N Snow
Squires Y Stallings Y Stanley
Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest
Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

HR 1372. By Representatives Smyre of the 136th, Walker of the 141st, Coleman of the 142nd and Reed of the 52nd:
A RESOLUTION creating the Joint Study Committee on Economic Development Through the Investment of State Pension Funds into Private Equities; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

2468

JOURNAL OF THE HOUSE

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes N Bell N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers Y Coan N Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

N Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin
Gardner Y Golick N Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall
Hembree Henson N Hines Holland Y Holmes Y Houston Y 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 N Joyce N Kaye N Keen Y Knox Y Lane N Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham N Manning N Massey Y McBee N McCall Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal N Orrock
Parham Parrish Y Parsons E Pelote Y Pinholster Y Poag Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert N Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan Shaw Y 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 E Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard N Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 126, nays 29. The Resolution, having received the requisite constitutional majority, was adopted.

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.

TUESDAY, MARCH 26, 2002

2469

Representative Hembree of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 254. By Representatives Benfield of the 67th and Davis of the 60th:
A BILL to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System on behalf of state court judges; to provide for the repayment of any employee contributions withdrawn, together with interest thereon; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees Retirement System of Georgia to the Georgia Judicial Retirement System on behalf of state court judges and solicitors general; to provide for the repayment of any employee contributions withdrawn, together with interest thereon; to provide for the calculation of creditable service on an actuarial basis for any amount so transferred; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SECTION 1. Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by striking in its entirety Code Section 47-23-64, relating to the transfer of funds from Employees Retirement System of Georgia by judges or district attorneys, and inserting in lieu thereof the following:
"47-23-64. (a)(1) Any superior court judge, state court judge, solicitor general, or district attorney who was previously an active member of the Employees Retirement System of Georgia may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system not later than December 31, 2000 2002, or within 90 days after first becoming a member of this retirement system, whichever date is later.

2470

JOURNAL OF THE HOUSE

(2) If the member subject to this subsection has not withdrawn his or her employee contributions from the Employees Retirement System of Georgia, then upon receipt of the notice provided for in paragraph (1) of this subsection, the Board of Trustees of the Employees Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon. (3) If the member subject to this subsection has withdrawn his or her employee contributions from the Employees Retirement System of Georgia, then at the time of giving the notice provided for in paragraph (1) of this subsection, the member shall pay to the board of trustees of this retirement system the total of such contributions, together with regular interest thereon. Upon receipt of such notice and payment of such amount, the Board of Trustees of the Employees Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer contributions paid on behalf of the employee, together with regular interest thereon. (4) The member subject to this subsection is authorized, but not required, to pay to the board of trustees such funds in addition to the amounts provided in paragraphs (2) and (3) of this subsection as the member desires. (b) Upon receipt of the funds provided for in paragraphs (2), (3), and (4) of subsection (a) of this Code section, the board of trustees of this retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid will warrant without creating any accrued liability as to this retirement system, calculated as if the member had either elected or rejected spouses survivors survivors benefits, at the election of the member. (c) No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has been or may be obtained in any other state or local public retirement system."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1 2002, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 26, 2002

2471

Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix
Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell
Heard E Heckstall
Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S
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
Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell
Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Smith, C
Y Smith, C.W Smith, L
Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow
Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens
Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Hembree of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 1656. By Representatives Holland of the 157th and Jenkins of the 110th:
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 provide for a definition; to provide that the failure by a consumer credit counseling agency or any officer, employee, or agent thereof to disclose certain information shall be an unfair and deceptive trade practice and shall be unlawful; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide for a definition; to provide that the failure by a credit counseling agency or any officer, employee, or agent thereof to disclose certain information shall be an unfair and deceptive trade practice and shall be unlawful; to provide for the contents and requirements of reports and disclosures; to provide for return of certain fees; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by adding a new Code Section 10-1-393.8 to read as follows:
"10-1-393.8. (a) As used in this Code section, the term 'credit counseling agency' means any person, partnership, corporation, nonprofit organization, or other entity which engages in the renegotiation of debt, whether for a fee or without charge to the debtor, but such term shall not include an attorney while engaged in the practice of law, a governmental agency or employee, or a creditor while engaged in the renegotiation of a debt owed by a debtor directly to the creditor. (b) It shall be unlawful for any credit counseling agency or any officer, employee, or agent thereof to engage in the renegotiation of any debt on behalf of a debtor without making the following disclosures to the debtor in writing and in at least 14 point type:
(1) Any relationship which exists between the credit counseling agency and any creditor or organization of creditors;

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(2) Any fee the credit counseling agency has received or anticipates receiving from any creditor or organization of creditors as a result of dealing with or renegotiating the debt of the debtor; and (3) The terms and length of any restructuring plan prepared, proposed, or presented to the debtor by the credit counseling agency, any creditor or creditors, or any organization of creditors; the amount of any periodic payments and the amount of interest included in such payments; and the amount of debt which will remain at the end of any such restructuring plan. (c) In addition to any other penalty or remedy which may be imposed under this part, the debtor affected by any violation of this Code section shall be entitled to recover any compensation or fee paid by the debtor to the credit counseling agency. Such right to reimbursement may be enforced by the administrator in any action or administrative proceeding brought by the administrator."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes E Ehrhart Y Epps Y Everett Y Floyd
Forster E Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner

Y Hudgens Hudson, N
Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham
Parrish Y Parsons E Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Y Ragas Y Randall Ray Y Reece Y Reed Y Reichert Y Rice Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague
Teper E Tillman Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L

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Y Callaway Campbell
Y Cash Channell
Y Childers Y Coan Y Coleman, B
Coleman, T Y Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Manning Y Massey Y McBee
McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley

Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper

Y Watson E West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1556. By Representatives Boggs of the 168th, Skipper of the 137th, Snow of the 2nd, Jenkins of the 110th and Sims of the 167th:
A BILL to amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to provide that the sheriff of a county shall require any professional bondsman seeking to operate in such county to initiate a criminal background investigation of such person; to provide for the submission of fingerprints to the Georgia Crime Information Center and the Federal Bureau of Investigation; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, so as to provide that the sheriff of a county shall require any professional bondsman seeking to operate in such county to initiate a criminal background investigation of such person; to provide for the submission of fingerprints to the Geogia Crime Information Center and the Federal Bureau of Investigation; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to professional bondsmen, is amended by inserting at the end of Code Section 17-6-50, relating to persons deemed professional bondsmen, a new subsection to read as follows:
"(c) The sheriff of the county in which the bonding business is conducting business or is seeking approval to conduct business shall initiate a criminal background investigation to ensure that a professional bondsman has not been convicted of a felony or a crime involving moral turpitude in this state or any other jurisdiction. The sheriff shall require the professional bondsman to furnish two full sets of fingerprints which the sheriff shall submit to the Georgia Crime Information Center. The center shall submit a full set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome

Y Cox Y Crawford Y Cummings
Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes E Ehrhart Y Epps Y Everett
Floyd Y Forster

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 Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor

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Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Reed 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
Skipper

Teague Teper E Tillman Y Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson E West Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1343. By Representatives Burkhalter of the 41st, Walker of the 141st, Campbell of the 42nd, Jamieson of the 22nd, Ashe of the 46th and others:
A BILL to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to littering public or private property or waters, so as to change certain provisions relating to punishment for violations; to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road; to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL To amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to

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2477

littering public or private property or waters, so as to change certain provisions relating to punishment for violations; to provide for jurisdiction of courts to try violations of such law; to provide that the Georgia Crime Information Center shall maintain data on persons who are found in violation of such law; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to change certain provisions relating to littering highways; to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to authorize certain public officers to enforce littering laws; to provide a short title; 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 "Georgia Clean Communities Act of 2002."
SECTION 2. Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to littering public or private property or waters, is amended by redesignating subsection (c) as subsection (e) and by striking subsection (b) and inserting in lieu thereof the following:
"(a.1) Any person who violates subsection (a) of this Code section for the first time shall not be guilty of a criminal offense but shall be subject to a civil penalty of $200.00. (b) Any person who violates subsection (a) of this Code section a second or subsequent time shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:
(1) By a fine of not less than $100.00 $200.00 nor more than $1,000.00; and (2)(A) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3)(B) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.
(c) The superior, state, probate, and municipal courts of this state shall have jurisdiction to try violations of this Code section. (d) The Georgia Crime Information Center shall maintain data and records on persons found to have violated this Code section."

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SECTION 3. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by striking Code Section 40-6-249, relating to littering highways, and inserting in lieu thereof the following:
"40-6-249. A person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' Law':
(1) For the first such violation shall be subject to a civil penalty as provided in Code Section 16-7-43; and (2) For a second or subsequent such violation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 16-7-43."
SECTION 4. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, is amended by adding a new Code Section 41-2-18 to read as follows:
"41-2-18. Public officers, as defined in paragraph (10) of Code Section 41-2-8, shall be authorized to enforce and issue citations for violations of Code Sections 16-7-43 and 40-6-249."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Burkhalter of the 41st and Walker of the 141st, was read and adopted:
A BILL
To amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to littering public or private property or waters, so as to change certain provisions relating to punishment for violations; to provide for jurisdiction of courts to try violations of such law; to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to change certain provisions relating to littering highways; to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to authorize certain public officers to enforce littering laws; to provide a short title; to repeal conflicting laws; and for other purposes.

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2479

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Clean Communities Act of 2002."
SECTION 2. Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to littering public or private property or waters, is amended by striking subsection (b) and inserting in lieu thereof new subsections (b) and (d):
"(b) Any person who violates subsection (a) of this Code section shall not be guilty of a misdemeanor and, upon conviction crime but, upon the finding of a violation thereof, shall be punished as follows subject to:
(1) By a A civil fine of not less than $100.00 $200.00 nor more than $1,000.00; $1,200.00; and
(2)(A) In the sound discretion of a the court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3)(B) In the sound discretion of the judge of a the court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence." "(d) The superior, state, probate, and municipal courts of this state shall have jurisdiction to try violations of this Code section."
SECTION 3. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, is amended by striking Code Section 40-6-249, relating to littering highways, and inserting in lieu thereof the following:
"40-6-249. A person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16, the 'Litter Control Law,' shall be guilty of a misdemeanor and, upon conviction upon the finding of a violation thereof, shall be punished as provided in Code Section 16-743."
SECTION 4. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, is amended by adding a new Code Section 41-2-18 to read as

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follows: "41-2-18. Public officers, as defined in paragraph (10) of Code Section 41-2-8, shall be authorized to enforce and issue citations for violations of Code Sections 16-7-43 and 40-6-249."
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, 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 Benfield Y Birdsong Y Black Y Boggs 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 E Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E 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
Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Teper E Tillman Y Turnquest Y Twiggs Unterman Y Walker, L Y Walker, R.L Y Watson E West Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Yates Murphy, Speaker

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2481

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative 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.
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 1486 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 1459. By Representative Teper of the 61st:
A RESOLUTION commending the Cross Keys High School Indians boys basketball team and inviting the coach and team to appear before the House of Representatives; and for other purposes.

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HR 1460. By Representative Birdsong of the 123rd:
A RESOLUTION commending the Wilkinson County High School basketball team and inviting the team and the coaches to appear before the House of Representatives; and for other purposes.

HR 1486. By Representatives Ragas of the 64th, Sailor of the 71st, Watson of the 70th, Mobley of the 69th, Teper of the 61st and others:
A RESOLUTION commending Jartavious Johnson and Prince Lewis and inviting them to appear before the House of Representatives; and for other purposes.

HR 1490. By Representatives Buckner of the 95th, Barnes of the 97th, Jordan of the 96th and Seay of the 93rd:
A RESOLUTION commending the Jonesboro High School Mock Trial Team and inviting the team and coaches 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 1491. By Representatives Campbell of the 42nd and Burkhalter of the 41st:
A RESOLUTION honoring Mr. Jimmy Phillips and inviting him 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 adopted by the requisite constitutional majority the following resolution of the Senate:

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2483

SR 854. By Senator Johnson of the 1st:
A RESOLUTION authorizing the granting of a nonexclusive easement for operation and maintenance of a thoroughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 532. By Senators Jackson of the 50th, Tanksley of the 32nd, Smith of the 25th, Stokes of the 43rd, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to change the five-year age requirement for acquisition of a bank to a threeyear age requirement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 396. By Senators Gingrey of the 37th, Crotts of the 17th, Tanksley of the 32nd, Harp of the 16th, Cheeks of the 23rd and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to government records which are not required to be disclosed to the public, so as to provide that disclosure shall not be required for certain records which would compromise the security of government facilities against terrorist or other attack; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 491. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

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SR 826. By Senator Williams of the 6th:
A RESOLUTION creating the Joint Study Committee on Jekyll Island; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 167. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to the suspension or revocation of the licenses of habitually negligent or dangerous drivers and to the point system, so as to provide for the assessment of points for a violation of Code Section 40-6-241, relating to the use of radios and mobile telephones while driving; to amend Code Section 40-6-241 of the Official Code of Georgia Annotated, relating to the exercise of due care by drivers and the allowance for proper use of radios and mobile telephones, so as to provide that a driver who is involved in an accident while using a mobile telephone shall be in violation of said Code section; to provide a penalty; to repeal conflicting laws; and for other purposes.
SB 285. By Senators Polak of the 42nd, Lee of the 29th, Jackson of the 50th, Golden of the 8th and Hecht of the 34th:
A BILL to be entitled an Act to be known as the "Financial Disclosure Reform Act of 2001"; to provide a short title; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change only the provisions relating to the filing of financial disclosure statements, the persons required to file financial disclosure statements, and the contents thereof; to require the filing of such statements by electronic means; to change the provisions relating to lobbyist disclosure reports and the contents thereof; to provide for electronic filing of lobbyist disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 481. By Senators Cable of the 27th, Marable of the 52nd, Price of the 56th and Smith of the 25th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to provide for a longitudinal study by the Office of Education Accountability of nationally certified teachers effect on Georgia

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students performance; to provide for reports; to repeal conflicting laws; and for other purposes.
SB 482. By Senators Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to revise and harmonize certain provisions of the O.C.G.A. relating generally to prevention, prohibition, prosecution, punishment, and remediation of driving under the influence of alcohol, drugs, or other intoxicating substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension and conditions to return of license; to change certain provisions relating to seizure and disposition of drivers licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1489. By Representatives Murphy of the 18th, Walker of the 141st and Skipper of the 137th:
A RESOLUTION relative to adjournment; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 551. By Senators Dean of the 31st and Marable of the 52nd:
A BILL to be entitled an Act to create the Joint Cartersville-Bartow County Regional Industrial Development Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to repeal conflicting laws; and for other purposes.

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The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 637. By Senators Beatty of the 47th, Williams of the 6th, Burton of the 5th, Lamutt of the 21st, Gingrey of the 37th and others:
A RESOLUTION urging the Georgia Delegation to the United States Congress to support the adoption of House Joint Resolution 81 proposing an amendment to the United States Constitution allowing prayer and expression of religious beliefs on public property and in public schools; and for other purposes.

Representative Coleman of the 142nd assumed the chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1389. By Representatives Powell of the 23rd, Parham of the 122nd, Hanner of the 159th, Twiggs of the 8th and Greene of the 158th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate low-speed vehicles; to redefine a term; to define a term; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to provide special uniform rules of the road for low-speed vehicles; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income tax credits for low and zero emission vehicles; to provide for additional procedures, conditions, and limitations with respect to such credit; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate low-speed vehicles; to redefine a

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term; to define a term; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to provide special uniform rules of the road for low-speed vehicles; to provide equipment requirements for low-speed vehicles; to provide for exceptions to motor vehicle licensing and registration requirements; to provide for exclusions from titling; to provide for daylight operation of certain motor vehicles; to provide for authority for certain motor vehicles to operate on streets pursuant to ordinance; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (e) of Code Section 48-7-40.16, relating to income tax credits for low and zero emission vehicles, and inserting in its place a new subsection (e) to read as follows:
"(e) The credits granted under this Code section shall be subject to the following conditions and limitations:
(1) All claims for any credit provided by subsection (b) of this Code section shall be: (A) Accompanied by a certification approved by the Environmental Protection Division of the Department of Natural Resources; and (B) Made only by a taxpayer who is the owner of a new clean fueled vehicle, as evidenced by the certificate of title issued for such vehicle; provided, however, that if a new clean fueled vehicle is leased to a taxpayer at retail, the taxpayer who is the lessee shall be entitled to claim the credit; provided, further, that only one taxpayer shall be eligible to claim any credit provided by subsection (b) of this Code section;
(2) All claims for any credit provided by subsection (c) of this Code section must be accompanied by a certification issued by the Environmental Protection Division of the Department of Natural Resources; (3) All claims for any credit provided by subsection (d) of this Code section shall be:
(A) Accompanied by a certification issued by the seller where the new electric vehicle charger was purchased or leased; and (B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new electric vehicle charger at retail; (4) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which a new clean fueled vehicle was purchased or leased or a conventionally fueled vehicle was changed into a converted vehicle, provided that the applicable certification required in paragraph (1) or 2)(2) of this subsection accompanies any such claim; and (5) In no event shall the amount of any tax credit provided in this Code section exceed the taxpayers income tax liability.; and

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(6) Tax credits authorized in this Code section shall be granted to a taxpayer who purchased or leased and placed in service in Georgia a new low-emission vehicle or zero emission vehicle, which also is a low-speed vehicle, during the taxable year ending December 31, 2001, only. For purposes of this paragraph, the term 'low-speed vehicle' means a low-speed vehicle as defined in paragraph (25.1) of Code Section 401-1. Any claim for such credit must be accompanied by a manufacturers statement of origin issued to a dealer registered in Georgia which certifies that the low-speed vehicle was manufactured in compliance with those federal motor vehicle safety standards set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001, as well as any other documentation deemed necessary by the commissioner to establish the date that delivery was made and such vehicle was placed in service. A taxpayer shall only be eligible to claim such credit with respect to a single low-speed vehicle."
SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by striking paragraph (41) and inserting in lieu thereof the following:
"(41) 'Passenger car' means every motor vehicle, except motorcycles and, motor driven cycles, and low-speed vehicles, designed for carrying ten passengers or less and used for the transportation of persons."
SECTION 3. Said title is further amended in said Code Section 40-1-1 by inserting a new paragraph to read as follows:
"(25.1) 'Low-speed vehicle' means any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 40-2-20, relating to registration and licensing of motor vehicle and exceptions, and inserting in its place a new subsection (b) to read as follows:
"(b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of

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Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, and inserting in lieu thereof the following:
"(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with applicable federal emission and safety standards applicable to new motor vehicles as required by issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 6. Said title is further amended by striking Code Section 40-3-4, relating to exclusions, and inserting in its place a new Code Section 40-3-4 to read as follows:
"40-3-4. No certificate of title shall be obtained for:
(1) A vehicle owned by the United States unless it is registered in this state; (2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe;

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(3) A vehicle owned by a nonresident of this state and not required by law to be registered in this state; (4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state; (5) A vehicle moved solely by human or animal power; (6) An implement of husbandry; (7) Special mobile equipment; (8) A self-propelled wheelchair or invalid tricycle; (9) A pole trailer; (10) Motor buses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes; (11) A boat trailer; (12) A homemade trailer; (13) A device used exclusively upon stationary rails or tracks or which obtains motive power from fixed overhead electric wires;
(14)(A) A vehicle, other than a mobile home or crane, the model year of which is prior to 1986. (B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 403-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28.
(C)(i) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which arises after such vehicle becomes subject to the operation of subparagraph (A) of this paragraph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title. (ii) The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this paragraph; (15)(A) Except as provided in subparagraph (B) of this paragraph, a trailer with an unladen gross weight of 2,000 pounds or less. (B) The exclusion provided in subparagraph (A) of this paragraph shall not apply to a travel trailer or camper, regardless of its unladen gross weight; (16) A vehicle which is not sold for the purpose of lawful highway use; (17) A vehicle with a model year prior to 1963; or

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(18) A moped."
SECTION 7. Said title is further amended by striking subsection (a) of Code Section 40-3-30, relating to requirement of compliance with federal safety standards, and inserting in lieu thereof the following:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 8. Said title is further amended by striking Code Section 40-6-330, relating to daylight operations, and inserting in its place a new Code Section 40-6-330 to read as follows:
"40-6-330. Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of motor vehicle safety."
SECTION 9. Said title is further amended by striking Code Section 40-6-331, relating to authority to operate on streets granted by ordinance, and inserting in its place a new Code Section 406-331 to read as follows:
"40-6-331. (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic and establish the conditions under which motorized carts may be operated upon such streets or portions thereof. (b) Such ordinances may establish operating standards but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing; provided, however, that a local governing authority may, by ordinance, require the registration and licensing of such carts operated within its boundaries for a fee not to exceed $15.00, the license to remain permanently with such cart unless such cart is sold or the license is destroyed. The provisions of this subsection and the authority granted by this subsection shall not apply to motorized carts owned by golf courses, country

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clubs, or other such organized entities which own such carts and make them available to members or the public on a rental basis. (c) Ordinances establishing operating standards shall not be effective unless appropriate signs giving notice are posted along the public streets affected. (d) Motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at crossings or intersections designated for that purpose by the department."
SECTION 10. Said title is further amended in Article 13 of Chapter 6, relating to special provisions of uniform rules of the road for certain vehicles, by adding a new Part 5 to read as follows:
"Part 5
40-6-360. Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application.
40-6-361. (a) All low-speed vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any low-speed vehicle of the full use of a lane. (b) The operator of a low-speed vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a low-speed vehicle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Low-speed vehicles shall not be operated two or more abreast in a single lane.
40-6-362. (a) Low-speed vehicles may be operated on any highway where the posted speed limit does not exceed 35 miles per hour. Except as provided in subsection (b) of this Code section, the operator of a low-speed vehicle shall not operate such vehicle on any highway where the posted speed limit exceeds 35 miles per hour. (b) The operator of a low-speed vehicle may cross a highway with a speed limit exceeding 35 miles per hour if such crossing begins and ends on a highway with a speed limit not exceeding 35 miles per hour."
SECTION 11. Said title is further amended in Article 1 of Chapter 8, relating to equipment of motor vehicles generally, by adding a new Part 7 to read as follows:

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"Part 7
40-8-120. Low-speed vehicles shall comply with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001, and shall be subject to no other safety equipment requirements."
SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Powell of the 23rd et al., was read:

A BILL
To amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, so as to define a term; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to regulate low-speed vehicles; to change certain provisions relating to definitions; to provide for exceptions to motor vehicle licensing and registration requirements; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to five-year and annual license plates, license plate design, revalidation, and county decals; to provide for exclusions from titling; to change certain provisions relating to requirement of compliance with federal safety standards; to provide for daylight operation of certain motor vehicles; to provide for authority for certain motor vehicles to operate on streets pursuant to ordinance; to provide special uniform rules of the road for low-speed vehicles; to provide certain equipment requirements for low-speed vehicles; 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 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, is amended by striking paragraph (2) and inserting in lieu thereof the following:

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"(2) 'Motor vehicle' means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle and also includes without limitation a low-speed vehicle."
SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by inserting a new paragraph to read as follows:
"(25.1) 'Low-speed vehicle' means any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001."
SECTION 3. Said title is further amended in said Code Section 40-1-1 by striking paragraph (41) and inserting in lieu thereof the following:
"(41) 'Passenger car' means every motor vehicle, except motorcycles and, motor driven cycles, and low-speed vehicles, designed for carrying ten passengers or less and used for the transportation of persons."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 40-2-20, relating to registration and licensing of motor vehicle and exceptions, and inserting in its place a new subsection (b) to read as follows:
"(b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination;

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(4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, and inserting in lieu thereof the following:
"(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with applicable federal emission and safety standards applicable to new motor vehicles as required by issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 6. Said title is further amended in Code Section 40-2-31, relating to five-year and annual license plates, license plate design, revalidation, and county decals, by striking subsection (b) and inserting in lieu thereof the following:
"(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance. Metal license plates issued on or after January 1, 1997, shall be used for a period of five years."

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SECTION 7. Said title is further amended by striking Code Section 40-3-4, relating to exclusions, and inserting in its place a new Code Section 40-3-4 to read as follows:
"40-3-4. No certificate of title shall be obtained for:
(1) A vehicle owned by the United States unless it is registered in this state; (2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe; (3) A vehicle owned by a nonresident of this state and not required by law to be registered in this state; (4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state; (5) A vehicle moved solely by human or animal power; (6) An implement of husbandry; (7) Special mobile equipment; (8) A self-propelled wheelchair or invalid tricycle; (9) A pole trailer; (10) Motor buses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes; (11) A boat trailer; (12) A homemade trailer; (13) A device used exclusively upon stationary rails or tracks or which obtains motive power from fixed overhead electric wires;
(14)(A) A vehicle, other than a mobile home or crane, the model year of which is prior to 1986. (B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 403-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28.
(C)(i) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which arises

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after such vehicle becomes subject to the operation of subparagraph (A) of this paragraph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title. (ii) The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this paragraph; (15)(A) Except as provided in subparagraph (B) of this paragraph, a trailer with an unladen gross weight of 2,000 pounds or less. (B) The exclusion provided in subparagraph (A) of this paragraph shall not apply to a travel trailer or camper, regardless of its unladen gross weight; (16) A vehicle which is not sold for the purpose of lawful highway use; (17) A vehicle with a model year prior to 1963; or (18) A moped."
SECTION 8. Said title is further amended by striking subsection (a) of Code Section 40-3-30, relating to requirement of compliance with federal safety standards, and inserting in lieu thereof the following:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 9. Said title is further amended by striking Code Section 40-6-330, relating to daylight operations, and inserting in its place a new Code Section 40-6-330 to read as follows:
"40-6-330. Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of motor vehicle safety."
SECTION 10. Said title is further amended by striking Code Section 40-6-331, relating to authority to operate on streets granted by ordinance, and inserting in its place a new Code Section 406-331 to read as follows:

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"40-6-331. (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic and establish the conditions under which motorized carts may be operated upon such streets or portions thereof. (b) Such ordinances may establish operating standards but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing; provided, however, that a local governing authority may, by ordinance, require the registration and licensing of such carts operated within its boundaries for a fee not to exceed $15.00, the license to remain permanently with such cart unless such cart is sold or the license is destroyed. The provisions of this subsection and the authority granted by this subsection shall not apply to motorized carts owned by golf courses, country clubs, or other such organized entities which own such carts and make them available to members or the public on a rental basis. (c) Ordinances establishing operating standards shall not be effective unless appropriate signs giving notice are posted along the public streets affected. (d) Motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at crossings or intersections designated for that purpose by the department."
SECTION 11. Said title is further amended in Article 13 of Chapter 6, relating to special provisions of uniform rules of the road for certain vehicles, by adding a new Part 5 to read as follows:
"Part 5
40-6-360. Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application.
40-6-361. (a) All low-speed vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any low-speed vehicle of the full use of a lane. (b) The operator of a low-speed vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (c) No person shall operate a low-speed vehicle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Low-speed vehicles shall not be operated two or more abreast in a single lane. (e) Low-speed vehicles shall be operated on highways only during daylight hours.

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40-6-362. Low-speed vehicles shall be operated only on any highway where the posted speed limit does not exceed 35 miles per hour. The operator of a low-speed vehicle shall not operate such vehicle on any highway where the posted speed limit exceeds 35 miles per hour."
SECTION 12. Said title is further amended in Part 2 of Article 1 of Chapter 8, relating to lighting equipment of motor vehicles generally, by adding a new Code section to read as follows:
"40-8-35. Any low-speed vehicle operated on the highways of this state shall display an amber strobe light so as to warn approaching travelers to decrease their speed because of the danger of colliding with such vehicle. Such amber strobe light shall be mounted in a manner so as to be visible under normal atmospheric conditions from a distance of 500 feet from the front and rear of such vehicle."
SECTION 13. This Act shall become effective on September 1, 2002.
SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Rogers of the 20th moves to amend the Floor substitute to HB 1389 by striking line 18 of page 7.

The following amendment was read:

Representative Rogers of the 20th moves to amend the Floor substitute to HB 1389 by striking "to provide certain equipment requirements for low-speed vehicles;" on line 13 of page 1.
By striking Section 12.
By redesignating Sections 13 and 14 as Sections 12 and 13, respectively.

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On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Bell Y Benfield N Birdsong
Black Y Boggs N Bordeaux Y Borders Y Bridges N Brooks
Broome Y Brown N Buck Y Buckner N Bulloch
Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash N Channell N Childers
Coan N Coleman, B
Coleman, T Y Collins Y Connell Y Cooper

Y Cox Crawford
N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner N Dukes Y Ehrhart
Epps N Everett N Floyd Y Forster Y Franklin Y Gardner N Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard E Heckstall Y Hembree N Henson Y Hines N Holland Y Holmes N Houston N Howard

Y Hudgens N Hudson, N N Hudson, S N Hugley N Irvin Y Jackson, B Y Jackson, L N James Y Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce
Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning
Massey Y McBee N McCall
McClinton Y McKinney Y Millar Y Mills N Mobley N Morris Y Mosley

Y Mueller N Muntean N O'Neal Y Orrock Y Parham N Parrish N Parsons E Pelote N Pinholster Y Poag Y Porter N Powell N Purcell
Ragas Y Randall N Ray Y Reece Y Reed N Reichert N Rice Y Richardson N Roberts, D
Roberts, L Y Rogers N Royal Y Sailor N Sanders N Scheid N Scott N Seay N Shanahan Y Shaw Y Sholar Y Sims N Sinkfield N Skipper

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V Y Smyre E Snelling
Snow N Squires
Stallings Stanley Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Willard N Williams, J N Williams, R N Wix Y Yates Murphy, Speaker

On the adoption of the amendment, the ayes were 79, nays 75. The amendment was adopted.

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.

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On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong
Black Y Boggs 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
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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D
Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1337. By Representatives Sholar of the 179th, Royal of the 164th, Byrd of the 170th, Smith of the 12th, Pinholster of the 15th and others:

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A BILL to amend Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the protection of American Indian human remains and burial objects, so as to provide that the Council on American Indian Concerns may impose a civil penalty under certain circumstances; to provide that the Governor may consult all Indian tribes recognized by general law for recommendations on membership to such council; to change the membership of such council; to provide for additional powers and duties of such council; to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the department of archives and history, so as to repeal certain duties of such department relating to Indian affairs and the preservation of Indian culture and heritage; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the protection of American Indian human remains and burial objects, so as to provide that the Council on American Indian Concerns may impose a civil penalty under certain circumstances; to provide that the Governor may consult all Indian tribes recognized by general law for recommendations on membership to such council; to change the membership of such council; to provide for additional powers and duties of such council; to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the department of archives and history, so as to repeal certain duties of such department relating to Indian affairs and the preservation of Indian culture and heritage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the protection of American Indian human remains and burial objects, is amended by striking in its entirety Code Section 44-12-264, relating to penalties for the violation of certain Code sections, and inserting in lieu thereof the following:
"44-12-264. (a) Any museum which fails to comply with the provisions of Code Section 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the Secretary of State council. The amount of such penalty shall be based upon:
(1) The archeological, historical, or commercial value of the item involved;

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(2) The damages suffered, both economic and noneconomic, by an aggrieved party; and (3) The number of violations that have occurred but in no event shall the aggregate amount of such civil penalty exceed $5,000.00. (b) Whenever the Secretary of State council proposes to subject a person to the imposition of a civil penalty under this Code section, he the council shall notify such person in writing: (1) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (2) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and (3) Advising of each penalty which the Secretary of State council proposes to impose and its amount. Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the Secretary of State council to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the Secretary of State council shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the Secretary of State council, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the Secretary of State council, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this Code section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection. (d) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund."
SECTION 2. Said article is further amended by striking in its entirety Code Section 44-12-280, relating to the Council on American Indian Concerns, its membership, its assignment for administrative purposes, the terms of office of its members, and the removal of members for failure to attend meetings, and inserting in lieu thereof the following:
"44-12-280. (a) As used in this Code section, the term:
(1) 'Anthropologist' means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience in on-site identification of human skeletal remains and who is currently active in the profession. (2) 'Archeologist' means any person who:

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(A) Is a member of registered or meets the criteria for registration by the Register membership in the Society of Professional Archaeologists and can demonstrate experience or formal training in the excavation and interpretation of human graves; or (B) Was employed on July 1, 1992, by the state or by any county or municipal governing authority as an archeologist. (b) There is created the Council on American Indian Concerns, which shall consist of nine members to be appointed by the Governor. Four Five members shall be American Indians. Three members shall represent the scientific community and shall include at least one archeologist and one anthropologist; provided, however, that if no anthropologist can be identified who is willing to serve, then the membership reserved to an anthropologist shall be filled by a person who holds a masters degree or a higher degree in the field of anthropology and is currently active in the profession. Two members One member shall be selected from the general public at large. All members of the council shall be legal residents of the State of Georgia. The Governor shall may consult the Georgia Tribes of Eastern Cherokee, Inc. tribal groups located in the state recognized by general law, the Human Relations Commission, the Georgia Council of Professional Archaeologists, the Society for Georgia Archaeology, and the Department of Natural Resources for recommendations before appointing members of the council. (c) The council is assigned to the Governors Office of Planning and Budget for administrative purposes only, as specified in Code Section 50-4-3. (d) The terms of appointment for members of the council shall be as follows: two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of three years; two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of two years; and one scientist shall be appointed for an initial term of one year. The member who represents the general public and who has the least time left in his or her term on July 1, 2002, shall cease to be a member on that date, and a member who is an American Indian shall be appointed to take office on that day for a term of three years. The Governor shall specify the length of the initial term of the councilmembers in their initial appointments. After such initial terms, all councilmembers shall be appointed for terms of three years. Active and continued participation by members of the council is needed. The Governor may remove any member who fails to attend three regularly scheduled consecutive meetings. Councilmembers may succeed themselves."
SECTION 3. Said article is further amended by striking in its entirety Code Section 44-12-283, relating to the powers and duties of the Council on American Indian Concerns, and inserting in lieu thereof the following:
"44-12-283. The council shall have the following powers and duties:
(1) To serve as a resource for the notification of relatives under paragraph (4) of Code Section 36-72-5, relating to notification of relatives pursuant to obtaining a

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permit for land use change or disturbance; provided, however, that failure of the council to respond within 30 days to a request to serve as a resource for the notification shall not prevent the notification process or any permit process from taking place; (2) To receive notice of permits issued and contracts issued under subsection (c) of Code Section 12-3-52 that affect aboriginal, prehistoric, or American Indian burial sites; (3) To monitor the inventory and identification process conducted under Code Section 44-12-261 to ensure a fair, objective consideration and assessment of all available relevant information and evidence; (4) To facilitate the resolution of disputes among American Indian tribes, lineal descendants of American Indians, and museums relating to the return of American Indian remains and burial objects pursuant to Code Section 44-12-262, including convening the parties to the dispute; (5) To advise the Department of Natural Resources, the General Assembly, the Human Relations Commission, the Secretary of State, local political subdivisions, and state and local law enforcement agencies, and other appropriate agencies and individuals regarding policy matters relating to issues affecting American Indians; and (6) To apply for and receive grants, gifts, and direct appropriations from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, public or private; and any individual or groups of individuals; and (7) To preserve and foster the culture and heritage of Indians and Indian descendants in this state and to be the agency to deal with specific federal programs which are required to be dealt with only by an Indian agency or organization. 44-12-283.1 In addition to any other powers granted by law, the council may, in its discretion, study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; investigate relief needs of Indians in Georgia and provide technical assistance in the preparation of plans for the alleviation of such needs; confer with appropriate officials of local, state, and federal governments, and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs, in order to encourage and implement coordination of applicable resources to meet the needs of Indians in Georgia; cooperate with and secure the assistance of the local, state, and federal governments, or any agencies thereof, in formulating any such programs and coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government, to the end that the department secures the full benefit of such programs; review all proposed or pending state legislation and amendments to existing state legislation affecting Indians in Georgia; conduct public hearings on matters relating to Indian affairs; study the existing status of recognition of all Indian groups, tribes, and communities presently existing in the state; expend funds in compliance with state regulations; and make legislative recommendations.

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44-12-283.2. The council is authorized to promulgate rules and regulations to accomplish the provisions of this article in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 4. Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the department of archives and history, is amended by striking in its entirety Code Section 45-13-42, relating to the duties of department with respect to Indians generally, and inserting in lieu thereof the following:
"45-13-42. It shall be the duty of the department to study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; to investigate relief needs of Indians of Georgia and to provide technical assistance in the preparation of plans for the alleviation of such needs; to confer with appropriate officials of local, state, and federal governments, and agencies of these governments, and with such congressional committees that may be concerned with Indian affairs, in order to encourage and implement coordination of applicable resources to meet the needs of Indians in Georgia; to cooperate with and secure the assistance of the local, state, and federal governments, or any agencies thereof, in formulating any such programs and to coordinate such programs with any programs regarding Indian affairs adopted or planned by the federal government, to the end that the department secures the full benefit of such programs; to review all proposed or pending state legislation and amendments to existing state legislation affecting Indians in Georgia; to conduct public hearings on matters relating to Indian affairs; to subpoena any information or documents deemed necessary by the department; to study the existing status of recognition of all Indian groups, tribes, and communities presently existing in the state; to establish appropriate procedures to provide for legal recognition by the state of presently unrecognized groups and to initiate procedures for their recognition by the federal government; to expend funds in compliance with state regulations; to make legislative recommendations; and to make and publish reports of findings and recommendations Reserved.
SECTION 5. Said article is further amended by striking in its entirety Code Section 45-13-43, relating to the preservation and fostering of Indian culture and heritage, and inserting in lieu thereof the following:
"45-13-43. A further purpose of the department shall be to preserve and foster the culture and heritage of Indians and Indian descendents in this state and to be the agency to deal with specific federal programs which are required to be dealt with only by an Indian agency or organization. It is not the purpose of the department to deal with programs already administered by other agencies Reserved.

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SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Coan Y Coleman, B
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 E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard E Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson E 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 Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish N Parsons E Pelote Y Pinholster N Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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 E Snelling Y Snow Y Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 2.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 324 Do Pass

Respectfully submitted, /s/ Lord of the 121st
Chairman

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and and referred to the Committee on State Planning & Community Affairs - Local:

HB 1783. By Representative Rogers of the 20th:
A BILL to amend an Act entitled "An Act to create the Lake Sidney Lanier Watershed Governance Council," so as to change certain provisions relating to membership; 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:

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SB 458. By Senators Thomas of the 10th, Price of the 56th and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to require health benefit policy coverage for off-label prescription drug use for insureds with life-threatening or chronic or disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 475. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A. as they relate to identity fraud and the collection and dissemination of personal identifying and financial information on individuals and businesses so as to protect such information from being utilized in an unlawful manner; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change provisions relating to definitions, financial identity fraud, and racketeer influenced and corrupt organizations; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Title 10 of the O.C.G.A., relating to commerce and trade; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 505. By Senators Brown of the 26th, Haines of the 46th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, so as to include the nonrenewal of an entire line or class of business by an insurer under certain circumstances as an unfair method of competition and unfair and deceptive act or practice; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 62. By Senators Ragan of the 11th, Fort of the 39th, Ladd of the 41st, Tate of the 38th, Gingrey of the 37th and others:
A BILL to be entitled an Act to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit in the Employees' Retirement System of Georgia and related matters, so as to provide for creditable service for terms of military service begun when the military draft was in effect; to provide for the payment of an employee contribution with interest; to provide a time period for making application; to provide conditions

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for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 296. By Senator Ragan of the 11th:
A BILL to be entitled an Act to amend Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, issuance of warrants for arrest for failure of persons charged to appear in court, and bond, so as to change certain provisions relating to when an arrest may be made; to repeal conflicting laws; and for other purposes.
SB 519. By Senator Ragan of the 11th:
A BILL to be entitled an Act 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 authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any such commissions employees and retiring employees and their spouses and dependents; to provide for terms and conditions of such coverage and inclusion; to repeal conflicting laws; and for other purposes.
SB 399. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to provide that animal shelters shall be subject to regulation by certain applicable local zoning and animal control ordinances; to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to provide that agricultural operations that breed or keep dogs shall be subject to regulation by applicable local zoning and animal control regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 483. By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 35-5-7 of the Official Code of Georgia Annotated, relating to security police for the Georgia Public Safety Training Center, so as to provide that such security police shall have jurisdiction over property controlled by the training center as well as property

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of the training center; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 515. By Senators Mullis of the 53rd, Bowen of the 13th, Scott of the 36th and Thomas of the 54th:
A BILL to be entitled an Act to amend Title 25 of the O.C.G.A., relating to fire protection and safety, so as to change certain provisions relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments; to change certain provisions relating to suspension or revocation of certificate of compliance; to change certain provisions relating to definitions relative to firefighter standards and training; to change certain provisions relating to the Georgia Firefighter Standards and Training Council; to amend Code Section 34-9-1 of the O.C.G.A., relating to definitions relative to workers compensation, so as to change certain provisions relating to firefighters; to repeal conflicting laws; and for other purposes.
SB 355. By Senators Thompson of the 33rd and Bowen of the 13th:
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 autopsy photographs and post-mortem examination and autopsy reports from such disclosure; to repeal conflicting laws; and for other purposes.
SB 501. By Senators Jackson of the 50th, Mullis of the 53rd, Thomas of the 10th 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 provide for the licensure and regulation of air ambulance services; to provide for definitions; to establish requirements for licensure; to provide for application for licensure; to require ambulances to comply with standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 546. By Senators Stokes of the 43rd, Balfour of the 9th, Harbison of the 15th and Ragan of the 11th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide that any report to the General Assembly required by such title shall be made to the members of the General Assembly on a disc or

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other format which is able to be read by a personal computer and saved to the computers hard drive; to repeal conflicting laws; and for other purposes.
SB 401. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th, Harp of the 16th, Hecht of the 34th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of license or driving privilege for failure to respond to citation and reinstatement of license, so as to suspend driving privileges of a person who fails to respond to a traffic citation in federal court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 852. By Senator Kemp of the 3rd:
A RESOLUTION conveying the reverter interest of the state in certain real property located in Glynn County, Georgia, heretofore conveyed pursuant to resolutions of the General Assembly to Boys Estate Incorporated, later known as Youth Estate, Inc., and now known as Morningstar Treatment Services, Inc.; to provide an effective date; to repeal conflicting laws; 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 62. By Senators Ragan of the 11th, Fort of the 39th, Ladd of the 41st, Tate of the 38th, Gingrey of the 37th and others:
A BILL to be entitled an Act to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit in the Employees' Retirement System of Georgia and related matters, so as to provide for creditable service for terms of military service begun when the military draft was in effect; to provide for the payment of an employee contribution with interest; to provide a time period for making application; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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SB 167. By Senator Tate of the 38th:
A BILL to be entitled an Act to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to the suspension or revocation of the licenses of habitually negligent or dangerous drivers and to the point system, so as to provide for the assessment of points for a violation of Code Section 40-6-241, relating to the use of radios and mobile telephones while driving; to amend Code Section 40-6-241 of the Official Code of Georgia Annotated, relating to the exercise of due care by drivers and the allowance for proper use of radios and mobile telephones, so as to provide that a driver who is involved in an accident while using a mobile telephone shall be in violation of said Code section; to provide a penalty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 285. By Senators Polak of the 42nd, Lee of the 29th, Jackson of the 50th, Golden of the 8th and Hecht of the 34th:
A BILL to be entitled an Act to be known as the "Financial Disclosure Reform Act of 2001"; to provide a short title; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change only the provisions relating to the filing of financial disclosure statements, the persons required to file financial disclosure statements, and the contents thereof; to require the filing of such statements by electronic means; to change the provisions relating to lobbyist disclosure reports and the contents thereof; to provide for electronic filing of lobbyist disclosure reports; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 296. By Senator Ragan of the 11th:
A BILL to be entitled an Act to amend Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, issuance of warrants for arrest for failure of persons

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charged to appear in court, and bond, so as to change certain provisions relating to when an arrest may be made; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 355. By Senators Thompson of the 33rd and Bowen of the 13th:
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 autopsy photographs and post-mortem examination and autopsy reports from such disclosure; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 396. By Senators Gingrey of the 37th, Crotts of the 17th, Tanksley of the 32nd, Harp of the 16th, Cheeks of the 23rd and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to government records which are not required to be disclosed to the public, so as to provide that disclosure shall not be required for certain records which would compromise the security of government facilities against terrorist or other attack; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 399. By Senators Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to provide that animal shelters shall be subject to regulation by certain applicable local zoning and animal control ordinances; to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as

TUESDAY, MARCH 26, 2002

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nuisances, so as to provide that agricultural operations that breed or keep dogs shall be subject to regulation by applicable local zoning and animal control regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

SB 401. By Senators Kemp of the 3rd, Meyer von Bremen of the 12th, Harp of the 16th, Hecht of the 34th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of license or driving privilege for failure to respond to citation and reinstatement of license, so as to suspend driving privileges of a person who fails to respond to a traffic citation in federal court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 458. By Senators Thomas of the 10th, Price of the 56th and Harbison of the 15th:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to require health benefit policy coverage for offlabel prescription drug use for insureds with life-threatening or chronic or disabling conditions or diseases; to provide definitions; to provide for conditions of coverage; to provide for exclusions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 475. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A BILL to be entitled an Act to amend various provisions of the O.C.G.A. as they relate to identity fraud and the collection and dissemination of personal identifying and financial information on individuals and businesses so as to

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protect such information from being utilized in an unlawful manner; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change provisions relating to definitions, financial identity fraud, and racketeer influenced and corrupt organizations; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic; to amend Title 10 of the O.C.G.A., relating to commerce and trade; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 481. By Senators Cable of the 27th, Marable of the 52nd, Price of the 56th and Smith of the 25th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education accountability assessment programs, so as to provide for a longitudinal study by the Office of Education Accountability of nationally certified teachers effect on Georgia students performance; to provide for reports; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 482. By Senators Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A BILL to be entitled an Act to revise and harmonize certain provisions of the O.C.G.A. relating generally to prevention, prohibition, prosecution, punishment, and remediation of driving under the influence of alcohol, drugs, or other intoxicating substances; to amend Title 40 of the O.C.G.A., relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension and conditions to return of license; to change certain provisions relating to seizure and disposition of drivers licenses of persons charged with driving under the influence, issuance of temporary driving permits, and disposition of cases; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

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SB 483. By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
A BILL to be entitled an Act to amend Code Section 35-5-7 of the Official Code of Georgia Annotated, relating to security police for the Georgia Public Safety Training Center, so as to provide that such security police shall have jurisdiction over property controlled by the training center as well as property of the training center; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety.
SB 491. By Senator Smith of the 25th:
A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, so as to provide an exemption from such requirements for certain persons providing certain disaster relief services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
SB 501. By Senators Jackson of the 50th, Mullis of the 53rd, Thomas of the 10th 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 provide for the licensure and regulation of air ambulance services; to provide for definitions; to establish requirements for licensure; to provide for application for licensure; to require ambulances to comply with standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Ecology.

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SB 505. By Senators Brown of the 26th, Haines of the 46th and Shafer of the 48th:
A BILL to be entitled an Act to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices, so as to include the nonrenewal of an entire line or class of business by an insurer under certain circumstances as an unfair method of competition and unfair and deceptive act or practice; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 515. By Senators Mullis of the 53rd, Bowen of the 13th, Scott of the 36th and Thomas of the 54th:
A BILL to be entitled an Act to amend Title 25 of the O.C.G.A., relating to fire protection and safety, so as to change certain provisions relating to general requirements, equipment and clothing, personnel, and insurance relative to fire departments; to change certain provisions relating to suspension or revocation of certificate of compliance; to change certain provisions relating to definitions relative to firefighter standards and training; to change certain provisions relating to the Georgia Firefighter Standards and Training Council; to amend Code Section 34-9-1 of the O.C.G.A., relating to definitions relative to workers compensation, so as to change certain provisions relating to firefighters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 519. By Senator Ragan of the 11th:
A BILL to be entitled an Act 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 authorize the Board of Community Health to contract with any agricultural commodity commission created pursuant to Chapter 8 of Title 2 of the Official Code of Georgia Annotated to provide for the inclusion in such plan of any such commissions employees and retiring employees and their spouses and dependents; to provide for terms and

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conditions of such coverage and inclusion; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

SB 532. By Senators Jackson of the 50th, Tanksley of the 32nd, Smith of the 25th, Stokes of the 43rd, Stephens of the 51st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to change the five-year age requirement for acquisition of a bank to a three-year age requirement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks and Banking.

SB 546. By Senators Stokes of the 43rd, Balfour of the 9th, Harbison of the 15th and Ragan of the 11th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide that any report to the General Assembly required by such title shall be made to the members of the General Assembly on a disc or other format which is able to be read by a personal computer and saved to the computers hard drive; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Ecology.

SB 551. By Senators Dean of the 31st and Marable of the 52nd:
A BILL to be entitled an Act to create the Joint Cartersville-Bartow County Regional Industrial Development Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority

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employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SR 637. By Senators Beatty of the 47th, Williams of the 6th, Burton of the 5th, Lamutt of the 21st, Gingrey of the 37th and others:
A RESOLUTION urging the Georgia Delegation to the United States Congress to support the adoption of House Joint Resolution 81 proposing an amendment to the United States Constitution allowing prayer and expression of religious beliefs on public property and in public schools; and for other purposes.

Referred to the Committee on Rules.

SR 826. By Senator Williams of the 6th:
A RESOLUTION creating the Joint Study Committee on Jekyll Island; and for other purposes.

Referred to the Committee on Rules.

SR 852. By Senator Kemp of the 3rd:
A RESOLUTION conveying the reverter interest of the state in certain real property located in Glynn County, Georgia, heretofore conveyed pursuant to resolutions of the General Assembly to Boys Estate Incorporated, later known as Youth Estate, Inc., and now known as Morningstar Treatment Services, Inc.; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

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SR 854. By Senator Johnson of the 1st:
A RESOLUTION authorizing the granting of a nonexclusive easement for operation and maintenance of a thoroughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

Representative Twiggs of the 8th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1222 Do Pass HR 1283 Do Pass HR 1319 Do Pass

HR 1348 Do Pass HR 1373 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

The following supplemental Rules Calendar was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 26, 2002

Mr. Speaker and Members of the House:

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Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 26, 2002, by adding the following:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 986 HR 1327

House Study Committee on the Development of Sustainable Energy in Georgia; create Technology Corridor; designate portion of SR 10/US 78

DEBATE CALENDAR

HB 342
HB 627 HB 1295 HB 1361 HB 1417
HB 1493 HB 1505 HB 1526 HB 1585 HR 789

Unemployment compensation; eligibility; part-time work; undue family hardship Legislative Retirement; election of coverage; change date Special license plates; National Rifle Association Georgia Fair Lending Act; enact Merit system; redefine department and agency; exclude authorities and public corporations Education; contracts and purchases; rules and regulations Fines and forfeitures; surplus funds; indigent defense Congressional districts; composition provisions Cruelty to elderly; additional acts of harm; exception Paraprofessionals; degree requirements; urge board of regents adopt certain policy

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

The Speaker assumed the Chair.

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 1361. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st:

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A BILL 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 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 enforcement; and for other purposes.
The following Committee substitute was read:
A BILL
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 provide for prohibited practices and limitations relating to covered home loans and high-cost home loans; to create specific and numerous consumer protections for covered home loans and high-cost home loans; to provide for penalties and enforcement; to provide for exceptions for unintentional violations; to provide for related matters; to provide for severability; to provide for legislative intent; 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. Title 7 of the Official Code of Georgia Annotated, relating to banking, is amended by adding a new Chapter 6A to read as follows:
"CHAPTER 6A
7-6A-1. This chapter shall be known and may be cited as the 'Georgia Fair Lending Act.'
7-6A-2. As used in this chapter, the term:
(1) 'Acceleration' means a demand for immediate repayment of the entire balance of a home loan. (2) 'Affiliate' means any company that controls, is controlled by, or is under common control with another company, as set forth in 12 U.S.C. Section 1841, et seq. (3) 'Annual percentage rate' means the annual percentage rate for the loan calculated at closing according to the provisions of 15 U.S.C. Section 1606, the regulations promulgated thereunder by the Board of Governors of the Federal Reserve System,

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and the Official Staff Commentary on Regulation Z published by the Board of Governors of the Federal Reserve System. For purposes of this chapter, the annual percentage rate shall be determined as follows:
(A) For a variable rate loan with a temporary initial rate that is lower than the rate that will apply after the temporary rate expires, the annual percentage rate shall not include such temporary initial rate; (B) For a variable rate loan, the annual percentage rate shall be determined by using the index rate and adding the maximum margin permitted during the term of the loan; and (C) For all other home loans with rates that may later increase, the rate shall be determined based on the maximum interest rate permitted during the term of the loan. (4) 'Bona fide discount points' means loan discount points knowingly paid by the borrower for the express purpose of reducing, and which in fact do result in a bona fide reduction of, the interest rate applicable to the home loan; provided, however, that the undiscounted interest rate for the home loan does not exceed by more than one percentage point the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater. (5) 'Borrower' means any natural person obligated to repay the loan including a coborrower or cosigner. (6) 'Covered home loan' means a home loan in which: (A) Without regard to whether the loan transaction is or may be a 'residential mortgage transaction' as that term is defined in 12 C.F.R. 226.2(a)(24), the annual percentage rate of the loan at consummation is such that it exceeds (i) for a home loan secured by a first lien, the higher of (I) four percentage points above prime rate or (II) two percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a home loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater, or (ii) for a home loan secured by a junior lien, the higher of (I) five and one-half percentage points above prime rate or (II) three percentage points above the required net yield for a 90 day standard mandatory delivery commitment for a loan with a reasonably comparable term from either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, whichever is greater; (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed 3 percent of the total loan amount; or (C) The home loan is such that it is considered a high-cost home loan under this chapter. (7) 'Creditor' means a person who extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments or a person

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who purchases or is assigned a home loan. Creditor shall also mean any person brokering a home loan, which shall include any person who directly or indirectly solicits, processes, places, or negotiates home loans for others or offers to solicit, process, place, or negotiate home loans for others or who closes home loans which may be in the persons own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans, provided that creditor shall not include a person who is an attorney providing legal services in association with the closing of a home loan. (8) 'High-cost home loan' means a home loan in which the terms of the loan meet or exceed one or more of the thresholds as defined in paragraph (19) of this Code section. (9) 'Home loan' means a loan, including an open-end credit plan where the principal amount does not exceed the conforming loan size limit for a single-family dwelling as established by the Federal National Mortgage Association and the loan is secured by a mortgage, security deed, or deed to secure debt on real estate located in this state upon which there is located or there is to be located a structure or structures, including a manufactured home, designed principally for occupancy of from one to four families and which is or will be occupied by a borrower as the borrowers principal dwelling, except that home loan shall not include a reverse mortgage transaction, a loan that provides bridge financing for the initial construction of a borrowers dwelling on land owned by the borrower, or a loan primarily for business, agricultural, or commercial purposes. (10) 'Make' or 'makes' means to originate a loan or to engage in brokering of a home loan including the soliciting, processing, placing, or negotiating of a home loan made or offered by a person brokering a home loan. (11) 'Manufactured home' means a structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when erected on land secured in conjunction with the real property on which the manufactured home is located and connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Such term does not include rental property or second homes or manufactured homes when not secured in conjunction with the real property on which the manufactured home is located. (12) 'Open-end credit plan' or 'open-end loan' means a loan in which (A) a creditor reasonably contemplates repeated transactions; (B) the creditor may impose a finance charge from time to time on an outstanding balance; and (C) the amount of credit that

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may be extended to the borrower during the term of the loan, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid. (13) 'Points and fees' means:
(A) All items included in the definition of finance charge in 12 C.F.R. 226.4(a) and 12 C.F.R. 226.4(b) except interest or the time price differential. All items excluded under 12 C.F.R. 226.4(c)(7) are excluded from points and fees provided that the creditor does not receive direct or indirect compensation in connection with the charge and the charge is not paid to an affiliate of the creditor; (B) All compensation paid directly or indirectly to a mortgage broker from any source, including a broker that originates a loan in its own name in a table funded transaction, including but not limited to yield spread premiums, yield differentials, and service release fees; (C) Premiums or other charges for credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance or debt cancellation coverage, whether or not the debt cancellation coverage is insurance under applicable law, that provides for cancellation of all or part of a borrowers liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan and premiums or other charges for life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance. In determining points and fees for the purposes of this paragraph, premiums or other charges shall only include those payable at or before loan closing and are included whether they are paid in cash or financed and whether the amount represents the entire premium for the coverage or an initial payment; (D) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents; (E) All prepayment fees or penalties that are charged to the borrower if the loan refinances a previous loan made or currently held or serviced by the same creditor or an affiliate of the creditor; and (F) For open-end loans, points and fees are calculated in the same manner as for loans other than open-end loans, based on the minimum points and fees that a borrower would be required to pay in order to draw on the open-end loan an amount equal to the total credit line and maintain the outstanding balance for the term of the loan. (14) 'Prime rate' means the most recent bank prime loan rate published by the Board of Governors of the Federal Reserve System, as published in statistical release H-15 or any publication which may supersede it, as of the day a home loan is consummated. (15) 'Process,' 'processes,' or 'processing' means to act as a processor. (16) 'Processor' means any person that prepares paperwork necessary for or associated with the closing of a home loan, including but not limited to promissory notes, disclosures, deeds, and closing statements, provided that processor shall not

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include persons on the grounds that they are engaged in data processing or statement generation services for home loans. (17) 'Servicer' means the same as set forth in 24 C.F.R. 3500.2. (18) 'Servicing' means the same as set forth in 24 C.F.R. 3500.2. (19) 'Threshold' means:
(A) Without regard to whether the loan transaction is or may be a 'residential mortgage transaction' as that term is defined in 12 C.F.R. 226.2(a)(24), the annual percentage rate of the loan is such that it equals or exceeds that set out in Section 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. Section 1602(aa), and the regulations adopted pursuant thereto by the Federal Reserve Board, including Section 12 C.F.R. 226.32; or (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed: (i) 5 percent of the total loan amount if the total loan amount is $20,000.00 or more or (ii) the lesser of 8 percent of the total loan amount or $1,000.00 if the total loan amount is less than $20,000.00. (20) 'Total loan amount' means the principal of the loan minus those points and fees as defined in paragraph (13) of this Code section that are included in the principal amount of the loan. For open-end loans, the total loan amount shall be calculated using the total credit line available under the terms of the home loan minus those points and fees as defined in paragraph (13) of this Code section that are included in the total credit line. (21) 'Variable rate loan' means any home loan where the rate of interest charged may change during the term of the loan, provided such rate is calculated by using an index that can change due to circumstances beyond the direct control of the creditor or servicer and adding a margin.
7-6A-3. All home loans shall be subject to the following limitations and prohibited practices:
(1) No creditor shall make a home loan that finances, directly or indirectly, (A) any credit life, credit accident, credit health, credit personal property, or credit loss-ofincome insurance or debt cancellation coverage, whether or not the debt cancellation coverage is insurance under applicable law, that provides for cancellation of all or part of a borrowers liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan; or (B) any life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance; provided, however, that for the purposes of this Code section, any premiums or charges calculated and paid on a periodic basis that are not added to the principal of the loan shall not be considered financed directly or indirectly by the creditor; (2) No creditor or servicer shall recommend or encourage default on an existing loan or other debt prior to and in connection with the closing or planned closing of a home loan that refinances all or any portion of such existing loan or debt;

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(3) No creditor or servicer may charge a borrower a late payment charge unless the loan documents specifically authorize the charge, the charge is not imposed unless the payment is past due for ten days or more, and the charge does not exceed 5 percent of the amount of the late payment. A late payment charge may not be imposed more than once with respect to a single late payment and no late payment charge may be charged with respect to any subsequent payment that would have been a full payment but for the previous default or the imposition of the previous late payment charge; and (4) No creditor or servicer may charge a fee for informing or transmitting to any person the balance due to pay off a home loan or to provide a release upon prepayment. When such information is provided by facsimile or if it is provided upon request within 60 days of the fulfillment of a previous request, a creditor or servicer may charge a processing fee up to $10.00. Payoff balances shall be provided within a reasonable time but in any event no more than five business days after the request.
7-6A-4. No creditor may engage in the unfair act or practice of 'flipping' a home loan. Flipping occurs when a creditor makes a covered home loan to a borrower that refinances an existing home loan that was consummated within the prior five years when the new loan does not provide reasonable, tangible net benefit to the borrower considering all of the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the borrowers circumstances. In addition, the home loan refinancing transaction shall be presumed to be a flipping where a covered home loan refinances an existing home loan that was consummated within the prior five years and that is a special mortgage originated, subsidized, or guaranteed by or through a state, tribal, or local government or a nonprofit organization, which either bears a below-market interest rate at the time the loan was originated or has nonstandard payment terms beneficial to the borrower, such as payments that vary with income, are limited to a percentage of income, or where no payments are required under specified conditions and where, as a result of the refinancing, the borrower will lose one or more of the benefits of the special mortgage.
7-6A-5. High-cost home loans shall be subject to the following limitations and prohibited practices:
(1) No prepayment fees or penalties shall be provided for in the loan documents for a high-cost home loan or charged the borrower after the last day of the twenty-fourth month following the loan closing or which exceed in the aggregate:
(A) In the first 12 months after the loan closing, more than 2 percent of the loan amount prepaid; or (B) In the second 12 months after the loan closing, more than 1 percent of the amount prepaid; (2) A high-cost home loan shall not contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This provision does not

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apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower; (3) A high-cost home loan shall not include payment terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due; (4) A high-cost home loan shall not contain a provision that increases the interest rate after default. This provision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, provided the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness; (5) A high-cost home loan shall not include terms under which more than two periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower; (6) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a high-cost home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void; (7) A creditor shall not make a high-cost home loan without first receiving certification from a counselor with a third-party nonprofit organization approved by the United States Department of Housing and Urban Development or the Georgia Housing and Finance Authority that the borrower has received counseling on the advisability of the loan transaction; (8) A creditor shall not make a high-cost home loan unless a reasonable creditor would believe at the time the loan is consummated that the borrower residing in the home will be able to make the scheduled payments associated with the loan based upon a consideration of his or her current and expected income, current obligations, employment status, and other financial resources, other than the borrowers equity in the collateral that secures repayment of the loan. There is a rebuttable presumption that the borrower residing in the home is able to make the scheduled payments to repay the obligation if, at the time the loan is consummated, said borrowers total monthly debts, including amounts under the loan, do not exceed 50 percent of said borrowers monthly gross income as verified by tax returns, payroll receipts, and other third-party income verification; (9) A creditor or servicer shall not pay a contractor under a home improvement contract from the proceeds of a high-cost home loan unless:
(A) The creditor or servicer is presented with an affidavit of the contractor that the work has been completed, which affidavit meets the requirements of Code Section 44-14-361.2; and (B) The proceeds are disbursed in an instrument payable to the borrower or jointly to the borrower and the contractor or, at the election of the borrower, through a

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third-party escrow agent in accordance with terms established in a written agreement signed by the borrower, the drafter of the instrument, and the contractor prior to the disbursement; (10) A creditor or servicer shall not charge a borrower any fees or other charges to modify, renew, extend, or amend a high-cost home loan or to defer any payment due under the terms of a high-cost home loan; (11) A creditor that makes a high-cost home loan shall not require a borrower to waive his or her right to a judicial hearing or to any and all rights which the borrower may have under the Fifth and Fourteenth Amendments to the United States Constitution or to notice and judicial hearing prior to the exercise by the creditor of any right or remedy provided to the creditor in the home loan agreement. Any creditor making a high-cost home loan or servicer of a high-cost home loan who has the legal right to foreclose must use the judicial foreclosure procedures set out in Code Section 44-14-49 for judicial foreclosure in equity, Code Section 44-14-180 for judicial foreclosure of a mortgage, or Code Section 44-14-210 for judicial foreclosure of a deed to secure debt, whichever is appropriate. The borrower shall have the right to assert in such proceeding the nonexistence of a default and any other claim or defense to acceleration and foreclosure including any based on any violations of this chapter, though no such claim or defense shall be deemed a compulsory counterclaim. The right of a creditor to seek a deficiency judgment against a borrower following a judicial foreclosure of a high-cost home loan shall be subject to confirmation by the court in accordance with the standards set forth in Code Section 44-14-161; (12) If a creditor or servicer asserts that grounds for acceleration of a high-cost home loan exist and requires the payment in full of all sums secured by the security instrument, the borrower or anyone authorized to act on the borrowers behalf shall have the right at any time, up to the time title is transferred by means of foreclosure by judicial proceeding and sale or otherwise, to cure the default and reinstate the highcost home loan by tendering the total amount of principal, interest, late fees, and escrow deposits in arrears, not including any acceleration. Cure of default as provided in this paragraph shall reinstate the borrower to the same position as if the default had not occurred and shall nullify as of the date of the cure any acceleration of any obligation under the security instrument or note arising from the default; (13)(A) To cure a default under this paragraph a borrower shall not be required to pay any charge, fee, or penalty attributable to the exercise of the right to cure a default as provided for in this Code section, other than the fees specifically allowed by this Code section. The borrower shall not be liable for any attorney fees relating to the borrowers default that are incurred by the creditor or servicer prior to or during the 30 day period set forth in this paragraph, nor for any such fees in excess of $100.00 that are incurred by the creditor or servicer after the expiration of the 30 day period but prior to the time the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home. After the creditor or servicer files a foreclosure action or takes other action to seize or transfer ownership of the home, the borrower shall only be liable for attorney fees that are reasonable

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and actually incurred by the creditor or servicer based on a reasonable hourly rate and a reasonable number of hours plus any other reasonable and necessary expenses incurred by the creditor or servicer. (B) If a default is cured prior to the initiation of any action to foreclose or to seize or transfer a home, the creditor or servicer shall not institute the foreclosure proceeding or other action for that default. If a default is cured after the initiation of any action to foreclose, the creditor or servicer shall take such steps as are necessary to terminate the foreclosure proceeding or other action. (C) Before any action is filed to foreclose upon the home or other action is taken to seize or transfer ownership of a home, a notice of the right to cure the default must be delivered to the borrower informing the borrower of the following:
(i) The nature of the default claimed on the high-cost home loan and of the borrowers right to cure the default by paying the sum of money required to cure the default. If the amount necessary to cure the default will change during the 30 day period after the effective date of the notice due to the application of a daily interest rate or the addition of late fees as allowed by this chapter, the notice shall give sufficient information to enable the borrower to calculate the amount at any point during the 30 day period; (ii) The date by which the borrower shall cure the default to avoid acceleration and initiation of foreclosure or other action to seize the home which date shall not be less than 30 days after the date the notice is effective and the name and address and phone number of a person to whom the payment or tender shall be made; (iii) That, if the borrower does not cure the default by the date specified, the creditor or servicer may take steps to terminate the borrowers ownership in the property by commencing a foreclosure proceeding or other action to seize the home; and (iv) The name and address of the creditor or servicer and the telephone number of a representative of the creditor or servicer whom the borrower may contact if the borrower disagrees with the creditors or servicers assertion that a default has occurred or the correctness of the creditors or servicers calculation of the amount required to cure the default; (14) A high-cost home loan shall not contain nor shall a creditor or servicer enforce a provision that permits a creditor or servicer, in its sole discretion, to accelerate the indebtedness. This paragraph does not prohibit acceleration of the loan in good faith due to the borrowers failure to abide by the material terms of the loan; and (15) All high-cost home loan agreements shall contain the following notice: 'Notice: This is a mortgage subject to special rules under the "Georgia Fair Lending Act." Purchasers or assignees of this mortgage may be liable for all claims and defenses by the borrower with respect to the mortgage.'
7-6A-6. (a) Notwithstanding any other provision of law, where a home loan was made, arranged, or assigned by a person selling either a manufactured home or home

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improvements to the dwelling of a borrower, the borrower may assert against the creditor, any assignee, or holder in any capacity all affirmative claims and any defenses that the borrower may have against the seller or home improvement contractor, provided that this subsection shall not apply to loans other than high-cost home loans unless applicable law requires a certificate of occupancy, inspection, or completion to be obtained and said certificate is not obtained. (b) Notwithstanding any other provision of law, any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or creditors of the loan. (c) Notwithstanding any other provision of law, a borrower of a covered home loan, after notice of acceleration or foreclosure of the loan or if in default more than 60 days, may assert a violation of this chapter against any creditor or servicer by way of offset in an original action, as a claim to enjoin foreclosure, as a defense or counterclaim to an action to collect amounts owed, or to preserve or obtain possession of the home secured by the home loan. (d) It shall be a violation of this chapter for any person to attempt in bad faith to avoid the application of this chapter by dividing any loan transaction into separate parts or structuring a home loan transaction as an open-end loan for the purpose of evading the provisions of this chapter when the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan or engaging in any other subterfuge with the intent of evading any provision of this chapter.
7-6A-7. (a) Any person found by a preponderance of the evidence to have violated this chapter shall be liable to the borrower for the following:
(1) Actual damages, including consequential and incidental damages; (2) Statutory damages equal to the recovery of two times the interest paid under the loan and forfeiture of interest due under the loan for any violation of paragraph (1) or (2) of Code Section 7-6A-3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5; (3) Punitive damages subject to Code Section 51-12-5.1; and (4) Costs and reasonable attorney fees. (b) A borrower may be granted injunctive, declaratory, and such other equitable relief as the court deems appropriate in an action to enforce compliance with this chapter including, but not limited to, the following: (1) Notwithstanding any other provision of law, a court shall have the discretion not to require a borrower of a covered home loan seeking injunctive or other equitable relief under the provisions of this chapter to make a tender upon a showing that the borrower has a reasonable likelihood of being successful on the merits. When tender is not required by the court, upon application to the court by the creditor, the court shall require the borrower to pay into the registry of the court all regularly scheduled home loan payments including property taxes and homeowners hazard insurance

TUESDAY, MARCH 26, 2002

2533

premiums if required by escrow agreement which are the responsibility of the borrower payable to the creditor or servicer under the terms of the home loan agreement which become due after the filing of the legal action, said home loan payments to be paid as such become due, and such other expenses provided under the home loan agreement as the court may deem just, provided that regularly scheduled payments shall not include any payments allegedly due under any acceleration provision of the home loan. If the creditor or servicer and the borrower disagree as to the amount of the home loan payments due, either or both of them may submit to the court any written home loan agreement for the purpose of establishing the amount of home loan payments to be paid into the registry of the court; (2) If the borrower should fail to make any regularly scheduled payment as it becomes due after the filing of this action, upon application to the court by the creditor or servicer, the court may issue an order denying the borrowers petition for injunctive or other equitable relief, and vacating any decree for injunctive or equitable relief previously entered by the court; and (3) The court shall order the clerk of the court to pay to the creditor or any person the creditor may designate the payments claimed under the home loan agreement paid into the registry of the court as said payments are made; provided, however, that, if the borrower claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the creditor or any person the creditor may designate without delay only that portion of the funds to which the borrower has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a determination of the issues by the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the creditor or servicer to the borrower shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the creditor or any person the creditor may designate without delay the remaining funds in court and all payments of future home loan payments made into court pursuant to paragraph (1) of this subsection unless the borrower can show good cause that some or all of such payments should remain in court pending a final determination of the issues. (c) The remedies provided in this chapter shall be cumulative. (d) Any violation of this chapter may be enforced pursuant to Code Section 9-11-23. (e) The right of rescission granted and defined under 15 U.S.C. Section 1601, et seq., and a right of rescission for any violation of paragraph (1) or (2) of Code Section 7-6A3, any violation of Code Section 7-6A-4, or any violation of Code Section 7-6A-5 shall be available to a borrower of a high-cost home loan at any time during the term of the loan not to exceed a period of 15 years after the consummation of the loan. (f) The brokering of a home loan that violates the provisions of this chapter shall constitute a violation of such provisions.

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(g) Without regard to whether a borrower is acting individually or on behalf of others similarly situated, any provision of a home loan agreement that allows a party to require a borrower to assert any claim or defense in a forum that is less convenient, more costly, or more dilatory for the resolution of a dispute than a judicial forum established in this state where the borrower may otherwise properly bring the claim or defense or limits in any way any claim or defense the borrower may have is unconscionable and void. A contractual authorization for a power of sale procedure shall be enforceable under this chapter with respect to a home loan other than a high-cost home loan so long as the borrower has not waived other remedies available in law or equity, whether acting individually or on behalf of others similarly situated, or rights to civil discovery or appeal. (h) An action under this chapter may be brought within four years of the date of the last payment made or 15 years after the date of the first scheduled payment, whichever is earlier, by the borrower under the home loan. (i) The remedies provided in this chapter are not intended to be the exclusive remedies available to a borrower nor must the borrower exhaust any administrative remedies provided under this chapter or any other applicable law before proceeding under this Code section.
7-6A-8. (a) The Attorney General, the district attorneys of this state, and the commissioner of banking and finance shall have jurisdiction to enforce this chapter through their general regulatory powers and through civil process. The Commissioner of Insurance shall have like authority to enforce paragraph (1) of Code Section 7-6A-3. (b) Any person, including members, officers, and directors of a creditor, who knowingly violates this chapter is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000.00 for each violation or to imprisonment not exceeding six months, or both.
7-6A-9. A creditor or servicer of a home loan who, when acting in good faith, fails to comply with the provisions of this chapter will not be deemed to have violated this chapter if the creditor or servicer establishes that either:
(1) Within 90 days of the loan closing and prior to receiving any notice from the borrower of the compliance failure, the creditor or servicer has offered appropriate restitution to the borrower and appropriate adjustments are made to the loan; or (2) Within 90 days of discovering a compliance failure and prior to receiving any notice of the compliance failure and the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, the borrower is notified of the compliance failure, appropriate restitution is offered to the borrower, and appropriate adjustments are made to the loan. Examples of a bona fide error include clerical, calculation, computer malfunction and programming, and printing errors. An error of legal

TUESDAY, MARCH 26, 2002

2535

judgment with respect to a persons obligations under this chapter is not a bona fide error.
7-6A-10. The provisions of this chapter shall be severable and, if any phrase, clause, sentence, or provision is declared to be invalid or is preempted by federal law or regulation, the validity of the remainder of this chapter shall not be affected thereby. If any provision of this chapter is declared to be inapplicable to any category of persons or any specific category, type, or kind of loan or portions thereof, the provisions of this chapter shall nonetheless continue to apply with respect to all other persons and all other loans or portions thereof.
7-6A-11. No municipality or county shall enact any ordinance or law that regulates the terms of home loans or that makes the eligibility of any person or entity to do business with the municipality or county dependent upon the terms of home loans originated or serviced by such person or entity."
SECTION 2. This Act shall become effective October 1, 2002, and shall apply with respect to all home loans made or entered into after that date.
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 et al. move to amend the Committee substitute to HB 1361 by striking line 5 of page 8 and inserting in its place the following:
"transaction. No creditor, servicer, or their institutions shall be required to contribute to the funding of any nonprofit organization that provides counseling required pursuant to this paragraph;".

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to HB 1361 as follows:

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Page 13, line 2, change "15" to "3".

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 N Bell N Benfield N Birdsong N Black Y Boggs 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
Cash Y Channell N Childers Y Coan Y Coleman, B Y 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 E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree Y 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 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 Y Lane Y Lanier Y Lewis
Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag N Porter N Powell Y Purcell N Ragas N Randall Y Ray N Reece N Reed Y Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper

Y Smith, B N Smith, C
Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 91, nays 75. The amendment was adopted.

The following amendment was read:

TUESDAY, MARCH 26, 2002

2537

Representative Rogers of the 20th moves to amend the Committee substitute to HB 1361 as follows:
On page 5, line 22, strike "5 percent" and insert:
6 percent.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen N Amerson N Anderson N Ashe E Bannister N Barnard N Barnes N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brooks Y Broome N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell
Cash N Channell N Childers N Coan N Coleman, B N Coleman, T N Collins
Connell N Cooper

N Cox N Crawford N Cummings N Davis N Day N Dean N Deloach, B N Deloach, G E Dix N Dodson N Drenner N Dukes N Ehrhart N Epps N Everett N Floyd N Forster Y Franklin N Gardner N Golick N Grasse N Graves N Greene N 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

N Hudgens N Hudson, N N Hudson, S N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Johnson N Jordan Y Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis
Lord N Lucas N Lunsford N Maddox N Mangham N Manning N Massey N McBee
McCall N McClinton N McKinney N Millar E Mills N Mobley N Morris N Mosley

N Mueller N Muntean N O'Neal N Orrock N Parham N Parrish N Parsons E Pelote N Pinholster N Poag N Porter
Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert N Rice N Richardson N Roberts, D N Roberts, L Y Rogers N Royal N Sailor N Sanders N Scheid N Scott N Seay N Shanahan N Shaw
Sholar N Sims N Sinkfield N Skipper

N Smith, B N Smith, C
Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre E Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner N Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs N Unterman E Walker, L N Walker, R.L N Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 4, nays 159.

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JOURNAL OF THE HOUSE

The amendment was lost.

The following amendment was read:

Representative Hudgens of the 24th moves to amend the Committee substitute to HB 1361 by striking line 13 of page 3 and inserting in its place the following:
"exceed one or more of the thresholds as defined in paragraph (19) of this Code section and which also meet the definition in 15 U.S.C. Section 1602(aa) and the regulations adopted thereunder."
By striking line 14 of page 3 and inserting in its place the following:
"(9) 'Home loan' means a loan where the principal".
By inserting "and" at the end of line 32 of page 4, by striking "; and" from line 35 of page 4 and inserting in lieu thereof a period, and by striking lines 36 and 37 of page 4 and lines 1 and 2 of page 5.
By striking lines 27 through 29 of page 5 and inserting in their respective places the following:
"of the loan."
By striking lines 14 through 16 of page 11 and inserting in their respective places the following:
"this chapter unless such open-end loan meets the definition in 12 C.F.R. Section 226.2(a)(20)."

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 Y Barnard N Barnes N Bell

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G

Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre

N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

TUESDAY, MARCH 26, 2002

E Dix N Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen N Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey Y McBee N McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

Y Pinholster N Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed 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
Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 69, nays 100. The amendment was lost.

2539
E Snelling Y Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The following amendment was read and adopted:

Representative O'Neal of the 139th moves to amend the Committee substitute to HB 1361 by adding the following item G to follow item F of paragraph 13 bottom of page 4:
(G) Points and fees shall not include: (i) Taxes, filing fees, recording, and other charges and fees paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest; and (ii) Fees paid to a person other than a lender or an affiliate of the lender or to the mortgage broker or to an affiliate of the mortgage broker for the following: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspections performed prior to closing; credit reports; surveys; attorneys fees, if the borrower has the right to

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select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions in Section 226.4(d)(2) of Title 12 of the Code of Federal Regulations are met."

The following amendment was read:

Representative Ragas of the 64th et al. move to amend the Committee substitute to HB 1361 as follows:
Page 14:
Delete lines 20 - 23 and renumber accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Allen N Amerson Y Anderson Y Ashe E Bannister N Barnard N Barnes N Bell Y Benfield N Birdsong N Black N Boggs Y Bordeaux Y Borders N Bridges Y Brooks N Broome N Brown N Buck
Buckner N Bulloch N Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell Y Cash N Channell

N Cox N Crawford N Cummings N Davis N Day Y Dean N Deloach, B N Deloach, G E Dix N Dodson Y Drenner Y Dukes N Ehrhart N Epps N Everett N Floyd N Forster N Franklin N Gardner N Golick N Grasse N Graves Y Greene N Hammontree N Hanner N Harbin E Harrell N Heard Y Heckstall

N Hudgens N Hudson, N N Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins
Jennings N Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane N Lanier N Lewis N Lord N Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey Y McBee N McCall

N Mueller N Muntean N O'Neal Y Orrock N Parham N Parrish N Parsons E Pelote N Pinholster N Poag N Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reece Y Reed N Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers N Royal Y Sailor N Sanders N Scheid N Scott

N Smith, B Y Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre E Snelling N Snow N Squires N Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest N Twiggs N Unterman E Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles

N Childers N Coan
Coleman, B N Coleman, T N Collins N Connell
Cooper

TUESDAY, MARCH 26, 2002

N Hembree Y Henson N Hines N Holland Y Holmes N Houston N Howard

N McClinton Y McKinney N Millar E Mills Y Mobley N Morris Y Mosley

Y Seay N Shanahan N Shaw
Sholar Y Sims Y Sinkfield N Skipper

2541
N Wilkinson N Willard N Williams, J N Williams, R N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 43, nays 122. The amendment was lost.

The following amendment was read:

Representative Scheid of the 17th moves to amend the Committee substitute to HB 1361 by striking lines 5 through 11 of page 3 and inserting in their respective places the following:
"purchases or is assigned a home loan. Creditor shall also mean any person who closes home loans which may be in the persons own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans, provided that creditor shall not include a person who is an attorney providing legal services in association with the closing of a home loan."
By renumbering paragraphs (10) through (21) of pages 3 through 5 as paragraphs (11) through (22), respectively, and inserting between lines 23 and 24 of page 3 the following:
"(10) 'Loan originator' means a person brokering a home loan, which shall include any person who directly or indirectly solicits, processes, places, or negotiates home loans for others or offers to solicit, process, place, or negotiate home loans for others."

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 N Bell N Benfield

Y Cox Y Crawford N Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix

Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote Y Pinholster

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre E Snelling

2542
N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin E Harrell Y Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes Y Houston
Howard

N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox N Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

N Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray
Reece N Reed 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
Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 82, nays 84. The amendment was lost.

N Snow N Squires N Stallings Y Stanley N Stanley-Turner Y Stephens N Stokes
Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

Representative Scheid of the 17th moved that the House reconsider its action in failing to adopt the Scheid amendment.

On the motion, 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 N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps

Y Hudgens N Hudson, N N Hudson, S N Hugley Y Irvin Y Jackson, B
Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre E Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner

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 N Childers Y Coan Y Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner Y Harbin E Harrell Y Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes Y Houston Y Howard

Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

N Randall N Ray N Reece N Reed 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 Y Shaw
Sholar Y Sims N Sinkfield N Skipper

On the motion, the ayes were 88, nays 78. The motion prevailed.

2543
Y Stephens N Stokes N Taylor Y Teague N Teper E Tillman N Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix N Yates
Murphy, Speaker

On the adoption of the Scheid 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 N Benfield N Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner Y Bulloch

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B
Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse

Y Hudgens Y 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 Y Lane Y Lanier Y Lewis Y Lord

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote Y Pinholster N Poag N Porter Y Powell Y Purcell N Ragas N Randall Y Ray N Reece N Reed N Reichert Y Rice Y Richardson

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre E Snelling Y Snow N Squires N Stallings N Stanley Y Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest

2544
Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Graves N Greene Y Hammontree N Hanner Y Harbin E Harrell Y Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes Y Houston Y Howard

N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills
Mobley Y Morris N Mosley

Y Roberts, D N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper

Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the Scheid amendment, the ayes were 95, nays 71. The amendment was adopted.

The following amendment was read:

Representative Massey of the 86th et al. move to amend the Committee substitute to HB 1361 by striking line 19 of page 4 and inserting in its place the following:
"release fees. The portion of the yield spread premium that is used to pay other thirdparty fees for the borrower including but not limited to appraisal, credit report, lender required fees, or any other fee not retained by the broker is exempt from inclusion in the points and fees;".

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 Y Barnard Y Barnes N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart

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 Mueller Y Muntean Y O'Neal N Orrock N Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag N Porter Y Powell Y Purcell

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow Y Squires N Stallings N Stanley

N Borders Y Bridges N Brooks N Broome N Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

TUESDAY, MARCH 26, 2002

N Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

N Ragas N Randall Y Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 85, nays 84. The Chair voted "nay". The amendment was lost.

2545
N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

Representative Massey of the 86th moved that the House reconsider its action in failing to adopt the Massey amendment.

On the motion, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson N Anderson N Ashe E Bannister
Barnard Y Barnes Y Bell N Benfield Y Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett

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 Mueller Y Muntean Y O'Neal N Orrock N Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag N Porter Y Powell Y Purcell N Ragas N Randall

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow Y Squires N Stallings N Stanley N Stanley-Turner Y Stephens

2546
N Brooks N Broome N Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes Y Houston
Howard

Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Massey Y McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley
Morris N Mosley

N Ray N Reece N Reed 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 Y Shaw
Sholar Y Sims N Sinkfield N Skipper

On the motion, the ayes were 95, nays 71. The motion prevailed.

N Stokes N Taylor N Teague N Teper E Tillman N Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the Massey 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 N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome N Brown N Buck N Buckner Y Bulloch Y Bunn

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves

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 Y Lane Y Lanier Y Lewis N Lord N Lucas

Y Mueller Y Muntean Y O'Neal N Orrock N Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow Y Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs

Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B Y Coleman, T Y Collins N Connell Y Cooper

TUESDAY, MARCH 26, 2002

N Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 87, nays 82. The amendment was adopted.

2547
Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The following amendment was read:

Representative Massey of the 86th et al. move to amend the Committee substitute to HB 1361 by inserting "(i)" following "(D)" on line 31 of page 4 and by striking line 32 of page 4 and inserting in its place the following:
"under the terms of the loan documents on all loans where the borrower is not given the option of a loan without prepayment fees and penalties. (ii) Where the borrower has the choice of a loan program without prepayment fees and penalties, the borrower shall be provided within three business days of applying for such loan with a schedule of the rate for loans with prepayment fees and penalties as compared to loans with no prepayment fees and penalties. (iii) Where the loan terms change while the loan is in the application phase, the borrower shall be given in writing within three days of the change in loan terms a schedule of the rate for loans with prepayment fees and penalties as compared to loans with no prepayment fees and penalties. The disclosure of a change in loan terms shall occur at least three business days prior to loan closing and shall allow the borrower a choice of accepting an interest rate with prepayment fees or an interest rate with no prepayment fees. The disclosure shall be provided in the form of two columns with the interest rate or rates, prepayment fees, and penalties associated with a loan in one column and the interest rate without such fees and penalties in the second column. The borrower shall acknowledge a choice of program by his or her signature on the form;".

2548

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 E Bannister N Barnard Y Barnes N Bell N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brooks N Broome N 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 N Collins N Connell Y Cooper

N Cox N Crawford N Cummings Y Davis N Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes N Ehrhart N Epps N Everett N Floyd N Forster Y Franklin N Gardner N Golick N Grasse N Graves N Greene Y Hammontree Y Hanner Y 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 Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan N Joyce N Kaye N Keen N Knox Y Lane Y Lanier Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham N Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

Y Mueller Y Muntean Y O'Neal N Orrock N Parham Y Parrish N Parsons E Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson N Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper

Y Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T N Smith, V N Smyre E Snelling N Snow Y Squires N Stallings N Stanley N Stanley-Turner N Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs N Unterman E Walker, L Y Walker, R.L N Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 43, nays 126. The amendment was lost.

The following amendment was read:

TUESDAY, MARCH 26, 2002

2549

Representative Ragas of the 64th et al. move to amend the Committee substitute to HB 1361, such substitute being designated LC 30 0423-ECS, by striking on line 31 of page 6 the following:
"that was consummated within the prior five years".

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 E Bannister N Barnard N Barnes N Bell Y Benfield N Birdsong N Black N Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown N Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd Y Callaway N Campbell Y Cash N Channell Y Childers N Coan N Coleman, B Y Coleman, T N Collins N Connell N Cooper

N Cox N Crawford N Cummings N Davis Y Day Y Dean Y Deloach, B N Deloach, G E Dix N Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett N Floyd N Forster N Franklin Y Gardner Y Golick N Grasse N Graves Y Greene N Hammontree N Hanner N Harbin E Harrell Y Heard Y Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes N Houston Y Howard

N Hudgens N Hudson, N Y Hudson, S Y Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson Y Jenkins N Jennings N Johnson Y Jordan N Joyce N Kaye N Keen N Knox N Lane Y Lanier N Lewis N Lord Y Lucas Y Lunsford Y Maddox Y Mangham N Manning N Massey N McBee N McCall Y McClinton Y McKinney N Millar E Mills Y Mobley N Morris Y Mosley

N Mueller N Muntean Y O'Neal Y Orrock N Parham N Parrish N Parsons E Pelote N Pinholster N Poag N Porter N Powell Y Purcell Y Ragas Y Randall N Ray Y Reece Y Reed N Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal Y Sailor N Sanders Y Scheid N Scott Y Seay N Shanahan N Shaw
Sholar N Sims Y Sinkfield N Skipper

N Smith, B Y Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre E Snelling N Snow Y Squires N Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest N Twiggs N Unterman E Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R N Wix N Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 70, nays 99. The amendment was lost.

2550

JOURNAL OF THE HOUSE

The following amendment was read:

Representative Channell of the 111th et al. move to amend the Committee substitute to HB 1361 by striking lines 29 through 37 of page 8 and lines 1 through 6 of page 9 and inserting in their respective places the following:
"(11) A creditor that makes a high-cost home loan who has the legal right to foreclose shall provide notice of the intent to foreclose to the borrower in writing by certified mail, return receipt requested, to such address as the borrower may designate by written notice to the creditor. Such notice shall be sent to the borrower prior to the publication of the legal advertisement required by Code Section 44-14-162;".

The following amendment was read and adopted:

Representative Davis of the 60th moves to amend the Channell amendment to HB 1361 as follows:

On line 5, change the word "that" to the word "who" and insert the word "and" between the words "loan" and "who".

On the adoption of the Channell amendment, as amended, the roll call was ordered and the vote was as follows:

N Allen Y Amerson N Anderson N Ashe E Bannister Y Barnard Y Barnes N Bell N Benfield N Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck

Y Cox Y Crawford N Cummings Y Davis N Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner

Y Hudgens N Hudson, N Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag N Porter Y Powell Y Purcell N Ragas N Randall Y Ray N Reece N Reed Y Reichert

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow Y Squires Y Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper

Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard N Heckstall Y Hembree N Henson Y Hines N Holland N Holmes Y Houston Y Howard

Y Lewis N Lord Y Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley Y Morris N Mosley

Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper

2551
E Tillman N Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, as amended, the ayes were 100, nays 69. The Channell amendment, as amended, was adopted.

The following amendment was read:

Representative Channell of the 111th et al. move to amend the Committee substitute to HB 1361 by striking line 30 of page 10 and inserting in its place the following:
"or assigned by a person selling home improvements to the".

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 N Bell N Benfield Y Birdsong Y Black Y Boggs N Bordeaux N Borders

Y Cox Y Crawford Y Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart Y Epps

Y Hudgens Y Hudson, N Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L Y James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag N Porter Y Powell Y Purcell N Ragas

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow Y Squires Y Stallings N Stanley N Stanley-Turner

2552
Y Bridges N 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 Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Everett Y Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard N Heckstall Y Hembree Y Henson Y Hines N Holland N Holmes Y Houston Y Howard

Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Massey Y McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley Y Morris Y Mosley

N Randall Y Ray Y Reece Y Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal N Sailor Y Sanders Y Scheid Y Scott N Seay Y Shanahan Y Shaw
Sholar Y Sims N Sinkfield Y Skipper

Y Stephens N Stokes N Taylor N Teague Y Teper E Tillman N Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 124, nays 45. The amendment was adopted.

The following amendment was read:

Representative Scheid of the 17th moves to amend the Committee substitute to HB 1361 by renumbering paragraphs (20) and (21) of page 5 as paragraphs (21) and (22), respectively, and inserting between lines 24 and 25 of page 5 the following:
"(20) 'Title insurance' means insurance against loss by encumbrance, defective titles, invalidity, adverse claim to title, or unmarketability of title by reason of encumbrance or defects not excepted in the insurance contract, which contract shall be written only upon evidence or opinion of title obtained and preserved by the insurer. Title insurance is used as security for home loans, covered home loans, or high-cost home loans with the cost of such insurance added to the cost of the loan by the closing attorney on behalf of the creditor or borrower."
By striking "and" at the end of line 23 of page 10, by adding "; and" at the end of line 27 of page 10, and by inserting between lines 27 and 28 of page 10 the following:

TUESDAY, MARCH 26, 2002

2553

"(16) The closing statement for all home loans, covered home loans, or high-cost home loans shall specify within the cost for title insurance the amount of the payment fee paid to the closing attorney and the amount paid to the title insurance company."

The following amendment was read and adopted:

Representative O'Neal of the 139th moves to amend the Scheid amendment to HB 1361 as follows:
Line 14 strike "all home loans".
On the adoption of the Scheid amendment, as amended, the roll call was ordered and the vote was as follows:

Allen Y Amerson N Anderson N Ashe E Bannister Y Barnard Y Barnes N Bell N Benfield N Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B N Coleman, T Y Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis N Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse Y Graves N Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard N Heckstall Y Hembree Y Henson Y Hines N Holland N Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey Y McBee Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag N Porter Y Powell Y Purcell N Ragas N Randall Y Ray N Reece N Reed N Reichert Y Rice N Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal Y Sailor Y Sanders Y Scheid Y Scott N Seay
Shanahan Y Shaw
Sholar N Sims N Sinkfield N Skipper

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow Y Squires Y Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland N Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

2554

JOURNAL OF THE HOUSE

On the adoption of the amendment, as amended, the ayes were 102, nays 64. The Scheid amendment, as amended, was adopted.

The following amendment was read:

Representative Scheid of the 17th moves to amend the Committee substitute to HB 1361 by striking lines 15 through 17 of page 13 and inserting in their respective places the following:
"(h) An action under this chapter may be brought within two years after the date of the first scheduled payment by the borrower under the high-cost home loan or covered home loan."

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 N Bell N Benfield N Birdsong N Black Y Boggs 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 Cox Y Crawford N Cummings Y Davis N Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner
Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner N Golick Y Grasse Y Graves N Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard

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 Y Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee

Y Mueller Y Muntean Y O'Neal N Orrock N Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag N Porter Y Powell Y Purcell N Ragas
Randall Y Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre E Snelling Y Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland

Y Channell N Childers Y Coan Y Coleman, B N Coleman, T Y Collins N Connell Y Cooper

TUESDAY, MARCH 26, 2002

Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

Y McCall N McClinton N McKinney Y Millar E Mills N Mobley N Morris N Mosley

N Scott N Seay N Shanahan Y Shaw
Sholar N Sims N Sinkfield Y Skipper

On the adoption of the amendment, the ayes were 87, nays 79. The amendment was adopted.

2555
Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The following amendment was read:

Representative Scheid of the 17th moves to amend the Committee substitute to HB 1361 by striking line 25 of page 8 and inserting in its place the following:
"borrower, the drafter of the instrument, and the contractor prior to the disbursement. Such agreement must stipulate that all construction shall be inspected by a certified home inspector or a licensed appraiser;".

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 Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck N Buckner N Bulloch

Y Cox N Crawford N Cummings Y Davis Y Day
Dean N Deloach, B Y Deloach, G E Dix N Dodson N Drenner
Dukes Y Ehrhart N Epps N Everett N Floyd N Forster N Franklin N Gardner Y Golick Y Grasse

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 N Joyce Y Kaye Y Keen Y Knox N Lane N Lanier Y Lewis N Lord

Y Mueller N Muntean N O'Neal N Orrock N Parham N Parrish Y Parsons E Pelote
Pinholster N Poag N Porter Y Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson

Y Smith, B N Smith, C Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre E Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest

2556
Y Bunn Y Burkhalter N Burmeister N Byrd N 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 Graves N Greene N Hammontree N Hanner Y Harbin E Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston Y Howard

N Lucas Y Lunsford N Maddox Y Mangham Y Manning N Massey N McBee Y McCall N McClinton N McKinney N Millar E Mills N Mobley N Morris N Mosley

Y Roberts, D N Roberts, L Y Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw
Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 57, nays 108. The amendment was lost.

N Twiggs N Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson N Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

The following amendment was read:

Representative Scheid of the 17th moves to amend the Committee substitute to HB 1361 by striking line 14 of page 3 and inserting in its place the following:
"(9) 'Home loan' means a loan, including an open-end credit plan, other than a loan which is purchased by or assigned to a state or federally chartered financial entity, where the principal".

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 Benfield N Birdsong N Black N Boggs N Bordeaux N Borders

N Cox N Crawford N Cummings Y Davis N Day Y Dean N Deloach, B Y Deloach, G E Dix N Dodson N Drenner
Dukes Y Ehrhart N Epps

N 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 N Joyce

N Mueller Y Muntean N O'Neal N Orrock N Parham N Parrish N Parsons E Pelote Y Pinholster N Poag N Porter Y Powell N Purcell N Ragas

Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smyre E Snelling N Snow N Squires N Stallings N Stanley N Stanley-Turner

N Bridges N Brooks N Broome N Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Burmeister N Byrd N Callaway N Campbell Y Cash N Channell N Childers Y Coan N Coleman, B N Coleman, T N Collins N Connell N Cooper

TUESDAY, MARCH 26, 2002

N Everett N Floyd Y Forster Y Franklin N Gardner N Golick N Grasse N Graves N Greene N Hammontree N Hanner N Harbin E Harrell N Heard
Heckstall N Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

N Kaye N Keen N Knox N Lane N Lanier Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham Y Manning N Massey N McBee Y McCall N McClinton N McKinney N Millar E Mills N Mobley N Morris N Mosley

N Randall N Ray N Reece N Reed N Reichert N Rice N Richardson N Roberts, D N Roberts, L N Rogers N Royal N Sailor Y Sanders Y Scheid N Scott N Seay N Shanahan N Shaw
Sholar N Sims Y Sinkfield N Skipper

2557
Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs N Unterman E Walker, L N Walker, R.L
Watson E West N Westmoreland Y Wiles N Wilkinson N Willard N Williams, J N Williams, R N Wix Y Yates
Murphy, Speaker

On the adoption of the amendment, the ayes were 26, nays 140. The amendment was lost.

Representative Sinkfield of the 57th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendments were read and adopted:

Representative Scheid of the 17th moves to amend the Committee substitute to HB 1361 by striking the number "50" on line 14 of page 8 and inserting in its place the number "48".

Representative Scheid of the 17th moves to amend the Committee substitute to HB 1361 by renumbering paragraphs (8) through (15) of pages 8 through 10 as paragraphs (10) through (17), respectively, and inserting between lines 5 and 6 of page 8 the following:
"(8) No loan originator shall originate a covered home loan or a high-cost home loan unless such loan originator has been certified by the state Department of Banking and Finance which certification requirements shall be established by the such department

2558

JOURNAL OF THE HOUSE

and shall include four hours of continuing education obtained before October 1, 2003, and four hours of continuing education each year thereafter; (9) No creditor may accept a covered home loan or a high-cost home loan from any loan originator who has not been certified by the state Department of Banking and Finance and whose certification number is not included on the loan documents;".

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 N Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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
Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner Y Golick Y Grasse 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 N Joyce Y Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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
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 E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest
Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

TUESDAY, MARCH 26, 2002

2559

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to a mechanical malfunction, the vote of Representative Twiggs of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1253. By Representatives Reichert of the 126th, Jenkins of the 110th, Bordeaux of the 151st, Stokes of the 92nd, Squires of the 78th and others:
A BILL to amend Title 11 of the Official Code of Georgia Annotated, the "Uniform Commercial Code," so as to enact a new Article 5 relating to letters of credit; to strike former Article 5 in its entirety and replace it with a new article; to define terms; to provide for general matters relating to letters of credit; to provide for the rights of parties to letters of credit; to provide for penalties and remedies; to provide for transfer of letters of credit; to amend Article 9 of said Title 11, relating to secured transactions, so as to change various definitions in various Code sections and to amend a nonuniform provision; and for other purposes.

The following amendment was read:

Representative Wiles of the 34th moves to amend HB 1253 as follows: By deleting on page 11 lines 24 - 26.

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 Y Barnard N Barnes

N Cox Y Crawford N Cummings Y Davis N Day N Dean N Deloach, B

Y Hudgens N Hudson, N N Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L

Y Mueller Y Muntean Y O'Neal N Orrock N Parham N Parrish Y Parsons

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V

2560
N Bell N Benfield N Birdsong N Black
Boggs N Bordeaux N Borders Y Bridges N Brooks N Broome Y Brown N Buck
Buckner N Bulloch Y Bunn
Burkhalter Y Burmeister N Byrd Y Callaway N Campbell Y Cash
Channell N Childers Y Coan Y Coleman, B N Coleman, T E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Deloach, G E Dix N Dodson N Drenner
Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner
Golick Y Grasse
Graves Y Greene
Hammontree N Hanner
Harbin E Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston N Howard

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 N Lucas
Lunsford N Maddox
Mangham Manning Y Massey N McBee N McCall N McClinton McKinney Millar E Mills N Mobley N Morris N Mosley

E Pelote Y Pinholster Y Poag N Porter N Powell N Purcell N Ragas N Randall N Ray N Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan N Shaw N Sholar N Sims
Sinkfield N Skipper

On the adoption of the amendment, the ayes were 54, nays 90. The amendment was lost.

Smyre E Snelling N Snow
Squires N Stallings N Stanley N Stanley-Turner
Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L
Watson E West
Westmoreland Y Wiles N Wilkinson N Willard N Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

The following amendment was read and adopted:

Representative Holland of the 157th moves to amend HB 1253 by inserting on page 1, on line 9 after the semicolon and prior to the word "to" the following:
"To amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Sales Finance Act, to correct gender references and to correct references to other statutes;"
And
By inserting on page 14, between lines 27 and 28 the following:

TUESDAY, MARCH 26, 2002

2561

"Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Sales Finance Act," is amended by striking in its entirety Code Section 10-1-36, relating to the disposition of a motor vehicle repossessed after default and the right to recover a deficiency, and inserting in lieu thereof the following:
10-1-36. (a) When any motor vehicle has been repossessed after default in accordance with Part 5 6 of Article 9 of Title 11, the seller or holder shall not be entitled to recover a deficiency against the buyer unless within ten days after the repossession he or she forwards by registered or certified mail or statutory overnight delivery to the address of the buyer shown on the contract or later designated by the buyer a notice of the seller's or holder's intention to pursue a deficiency claim against the buyer. The notice shall also advise the buyer of his or her rights of redemption, as well as his or her right to demand a public sale of the repossessed motor vehicle. In the event the buyer exercises his or her right to demand a public sale of the goods, he or she shall in writing so advise the seller or holder of his or her election by registered or certified mail or statutory overnight delivery addressed to the seller or holder at the address from which the seller's or holder's notice emanated within ten days after the posting of the original seller's or holder's notice. (b) In the event of election of such public sale by the buyer, the seller or holder shall dispose of said repossessed motor vehicle at a public sale as provided by law, to be held in the state and county where the original sale took place, or the state and county where the motor vehicle was repossessed, or the state and county of the buyer's residence, at the seller's election. (c) This Code section is cumulative of Part 5 6 of Article 9 of Title 11 and provides cumulative additional rights and remedies which must be fulfilled before any deficiency claim will lie against a buyer, and nothing herein shall be deemed to repeal said part.
SECTION 9."

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
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote
Pinholster

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling

2562
Y Birdsong Y Black
Boggs 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 E Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse 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 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 Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Poag Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper

Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 552. By Representative Cummings of the 27th:
A BILL to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-23-21 of the Official Code of Georgia Annotated, relating to the authority of the board of trustees of the Georgia Judicial Retirement System, so as to

TUESDAY, MARCH 26, 2002

2563

provide that the board shall have the authority to adjust the employee contribution rate under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-23-21 of the Official Code of Georgia Annotated, relating to the authority of the board of trustees of the Georgia Judicial Retirement System, is amended by inserting at the end thereof the following:
"(d) Subject to the terms and limitations of this subsection, the board of trustees is authorized to adopt from time to time a method or methods of establishing an employee contribution rate lower than as established in Article 5 of this chapter; provided, however, that such rate shall not be lower than 6 1/2 percent. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant."
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 Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders
Bridges Brooks Y Broome

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster

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 Y Knox

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece

Smith, B Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor

2564
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 E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Franklin Y Gardner
Golick Y Grasse 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 Lane Y Lanier Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Massey
McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Teague Teper
E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tem assumed the Chair.

HB 1515. By Representatives Ray of the 128th, Royal of the 164th and Hudson of the 156th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used for certain horticultural purposes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson

N Cox Y Crawford Y Cummings

Y Hudgens Y Hudson, N Y Hudson, S

Y Mueller Y Muntean Y O'Neal

Smith, B Smith, C Y Smith, C.W

Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins
Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Davis Y Day
Dean Y Deloach, B
Deloach, G E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett
Floyd Y Forster Y Franklin N Gardner
Golick Y Grasse 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 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 N Lanier Y Lewis Y Lord Y Lucas
Lunsford N Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice N 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

2565
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 144, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HR 1374. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Rogers of the 20th, Buck of the 135th and others:
A RESOLUTION directing the placement of a portrait of Honorable Joe T. Wood, Sr., at the Georgia War Veterans Home in Milledgeville; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

2566

JOURNAL OF THE HOUSE

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins
Connell 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
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons E Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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

Smith, B Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1278. By Representatives Mueller of the 152nd, Day of the 153rd and Stephens of the 150th:
A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as

TUESDAY, MARCH 26, 2002

2567

to change provisions relating to removal of members of such boards; to broaden the grounds for removal so that a member of the board of tax assessors may be removed by the county governing authority for any due cause shown; and for other purposes.

The following substitute, offered by Representatives Holland of the 157th, Walker of the 141st and Mueller of the 152nd was read and adopted:

A BILL
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide that no member of the county board of tax assessors whose removal is attempted based on failure to perform the duties or requirements or meet the qualifications imposed by law on such member may be removed without a hearing before a judge of the superior court; to provide for a definition of a term; to provide that removal by the county governing authority shall be a supplemental alternative to removal upon petition; to change provisions relating to performance reviews of boards of tax assessors; to correct a reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking Code Section 48-5-295, relating to removal of members, and Code Section 48-5-295.1, relating to performance review boards, and inserting in their place new Code sections to read as follows:
"48-5-295. (a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years and until a successor is duly appointed and qualified. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board

2568

JOURNAL OF THE HOUSE

of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office. (b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (e) of Code Section 48-5-262. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 and no member whose removal is attempted based on this subsection may be removed by the county governing authority during such members term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the county governing authority regarding such removal. (c) As used in subsection (b) of this Code section, the term 'failure to perform the duties' shall include a finding by the county governing authority that the member of the county board of tax assessors has shown a pattern of decisions in his or her capacity as such member that have provided substantially incorrect assessments or substantially inconsistent tax assessments between similar properties. (d) The provisions of subsection (b) of this Code section shall be a supplemental alternative to proceedings for removal under Code Section 48-5-296; and the existence of one remedy shall not bar the other.
48-5-295.1 (a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be assessors who are not members of the board under review. (b) It shall be the duty of a performance review board to make a thorough and complete investigation of the county board of tax assessors with respect to all actions of the county board of tax assessors and appraisal staff regarding the technical competency

TUESDAY, MARCH 26, 2002

2569

of appraisal techniques and compliance with state law and regulations. The performance review board shall issue a written report of its findings which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials. (c) The findings of the report of the review board under subsection (b) of this Code section or of any audit performed by the Department of Revenue at the request of the Governor may be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295. (d) The commission commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Benfield Y Birdsong Y Black
Boggs 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 Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

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
Lunsford Y Maddox Y Mangham Y Manning

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote
Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor

Smith, B Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson

2570
Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins
Connell Y Cooper

JOURNAL OF THE HOUSE

E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E 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

E West Westmoreland
Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 153, 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.

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 917. By Representatives Willard of the 44th, Benfield 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of minors, so as to add a category of guardian; to enact the "Standby Guardianship Act"; to provide a short title; to define terms; to provide for the court approval of standby guardianship; to provide for who may designate a standby guardian; to provide a suggested form to designate a standby guardian; to provide for court order

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approving standby guardianship; to provide for written designation of a standby guardian by a parent; to provide for further proceedings to determine permanent guardianship; to provide for revocation, confirmation, and termination of standby guardianship; 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 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of minors, is amended in Code Section 29-4-1, relating to kinds of guardians of minors, by striking the "and" at the end of paragraph (5), striking the period at the end of paragraph (6) and inserting "; and", and adding a new paragraph (7) to read as follows:
"(7) Standby guardians."
SECTION 2. Said chapter is further amended by designating the existing provisions of said chapter as Article 1.
SECTION 3 Said chapter is further amended by adding after Code Section 29-4-17, relating to disposition of property, a new article to read as follows:
"ARTICLE 2
29-4-50. This article shall be known and may be cited as the 'Standby Guardianship Act.'
29-4-51. As used in this article, the term:
(1) 'Designating individual' means a parent or legal guardian who appoints a standby guardian. A 'designating individual' may only be:
(A) A parent of a minor; provided that he or she has physical custody of the minor and his or her parental rights are not terminated; and provided, further, that the other parent of the minor is deceased, has his or her parental rights terminated, cannot be found after a diligent search has been made, or has consented to the designation of and service by the standby guardian; or (B) A permanent guardian or legal custodian of the minor who is duly appointed and serving pursuant to court order. (2) 'Health care professional' means a person licensed to practice medicine under Chapter 34 of Title 43, or a person licensed as a registered professional nurse under Chapter 26 of Title 43 and authorized by the Board of Nursing to practice as a nurse practitioner.

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(3) 'Health determination' means the dated, written determination by a health care professional that a designating individual is unable to care for a minor due to the designating individuals physical or mental condition or health including a condition created by medical treatment. (4) 'Minor' means a minor child or children of the designating individual to whom the standby guardianship applies. (5) 'Standby guardian' means a person who has reached the age of majority and who is named by a designating individual to serve as guardian of the person of a minor.
29-4-52. (a) A designating individual may designate a person to serve as standby guardian of a minor upon the health determination being made. (b) Upon the health determination being made and without the necessity of any judicial intervention, the standby guardian shall assume all the rights, duties, and responsibilities of guardianship of the person of the minor. Consistent with the designating individuals physical or mental condition or health, the designating individual may confer with the standby guardian in decision making concerning the care and welfare of the minor. (c) Upon the health determination being made, the standby guardian shall file with the probate court of the county of residence of the minor a notice of the standby guardianship with a copy of the standby guardianship designation and the health determination attached thereto. (d) No bond shall be required of a standby guardian. (e) No proceedings under this article shall relieve any parent, custodial or noncustodial, of a duty to support the minor under the provisions of Chapter 6 of Title 19.
29-4-53. (a) A designation of a standby guardian shall be in writing and shall be signed by the designating individual or by some other individual in the designating persons presence and at the designating individuals express direction. The designation shall be attested to and subscribed by two or more competent witnesses. Neither the witness nor an individual signing on behalf of the designating individual may be named the standby guardian. (b) A standby guardian designation shall set forth the name, address, and county of residence of the designating individual and of the standby guardian, and the name, address, county of domicile, and date of birth of the minor, and shall set forth the circumstances which define the parent or guardian as a designating individual. With regard to a parent of the minor who is not the designating individual, the designation shall state, to the extent known, that parents name and address and if that parent is deceased, has his or her parental rights terminated, and whether that parent cannot be located. The designation shall include a statement of consent, signed by the standby guardian, to serve in such capacity.

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(c) A standby guardian designation shall be in substantially the following form and contain the following information:

DESIGNATION OF STANDBY GUARDIAN (1) IDENTIFICATION OF DESIGNATING INDIVIDUAL: I, ______________ _____ (insert name of person designating the standby guardian), whose address is ________________________(insert address) and whose county and state of residence is ___________________________________(insert name of county and state), am: (Check and complete the ones which apply)
(A) _____ The parent with physical custody of the minor child or children listed below and my parental rights are not terminated; and the other parent, whose name is ___________________ (insert name of other parent) and whose address is ________________________(insert address of other parent), of the minor child or children listed below: ______ (A-1) Is deceased; ______ (A-2) Has his or her parental rights to minor or minors terminated; ______ (A-3) Cannot be found after a diligent search has been made; or ______ (A-4) Has consented to the designation of and service by the standby
guardian as set forth below; or (B) _____ The permanent guardian or legal custodian of the minor child or children listed below, who is duly appointed and serving pursuant to court order. (2) IDENTIFICATION OF MINOR(S): The minor or minors for whom I am designating a standby guardian are:

NAME

ADDRESS (include county DATE OF BIRTH of domicile)

(3) DESIGNATION AND IDENTIFICATION OF STANDBY GUARDIAN: Pursuant to Article 2 of Chapter 4 of Title 29 of the Official Code of Georgia Annotated, I hereby designate ____________ (insert name of standby guardian), whose address is ________________ (insert address) and whose county and state of residence is _____________________________ (insert name of county and state), to serve as the standby guardian of the minor(s) whom I have identified above. (4) POWERS OF STANDBY GUARDIAN: The standby guardian whom I designated above shall have all the rights, duties, and responsibilities under Georgia law of a guardian of the person of a minor who has been appointed by a court. (5) DURATION OF STANDBY GUARDIANSHIP: I understand that upon a physician or an advanced practice nurse determining in writing that, due to my physical or mental condition or health, I am not able to care for the minor(s) identified

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above, this standby guardianship shall become effective and the person whom I have designated above shall become the standby guardian of the person of the minor(s). I understand that I can revoke this standby guardianship by destroying this document, obliterating it, or by revoking it in writing with proper witnesses. I understand that I must communicate a revocation of the designation to the standby guardian in order for it to be effective. Finally, I understand that this standby guardianship will automatically end four months after the physician or advanced practice nurse makes the determination that I am unable to care for the minor(s), unless the standby guardian has filed a petition for guardianship of the person of the minor. If the standby guardian files such a petition, the standby guardianship will remain in effect, unless otherwise revoked, until the judge rules on the petition. In considering such a petition for guardianship, I understand that the judge will give preference for the appointment to the person whom I name as the standby guardian in this document. (6) SIGNATURE: I certify that the statements contained herein are true and correct, this _____ day of __________, _____.

________________________________ (Designating individual signs here)
(Print name of designating individual)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian, and state that the designating individual signed this designation in our presence.

________________________________ ___________________________________

(Signature of witness)

(Print witnesss address)

________________________________ ___________________________________

(Signature of witness)

(Print witnesss address)

(7) CONSENT OF PARENT (To be completed only if line A-4 in paragraph (1) above has been checked): I, ________________________ (insert name of parent other than the one designating the standby guardian), whose address is ________________________ (insert address), am the parent of the above named minor(s). I understand that by this form, an individual is being designated to serve as a standby guardian of my child (or children). I understand that this standby guardian will have all the rights, duties, and responsibilities under Georgia law of a guardian of the person of a minor who has been appointed by a court. I further understand that I may object to this designation.

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Knowing this, I consent to the designation of _________________________ (insert name of standby guardian). This _____ day of ____________________, _______.
___________________________________ (Other parent signs here) (Print name of other parent) We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the above-named parent signed this consent in our presence.

________________________________ ___________________________________

(Signature of witness)

(Print witnesss address)

________________________________ ___________________________________

(Signature of witness)

(Print witnesss address)

(8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN: I, ____________________ (insert name of designated standby guardian), am the individual designated as the standby guardian in this document. I hereby accept this designation with full knowledge that upon a physician or advanced practice nurse making a written determination that the parent of the minor(s) is not able to care for the minor(s) due to his or her physical or mental health or condition, I automatically take on this guardianship. Further, I understand that I must file a notice of my becoming a standby guardian and a copy of the medical determination with the probate court as soon as the medical determination has been made. I understand that within four months of the medical determination being made I must petition the probate court to name me as guardian of the person of the minor(s).
This ________ day of _____________, ________. ________________________________ (Standby guardian signs here) (Print name of standby guardian)
We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the standby guardian signed this document in our presence.

____________________ (Witness signs here)

____________________
____________________ (Print witnesss address)

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____________________ (Witness signs here)

____________________
____________________ (Print witness's address)

29-4-54. A standby guardianship may be revoked at any time by destruction or obliteration of the designation done by the designating individual with an intent to revoke, or by a written revocation signed by the designating individual or by some other individual in the designating persons presence and at the designating individuals express direction, and attested to and subscribed by two or more competent witnesses. In order to be effective, a revocation must be communicated to the standby guardian.

29-4-55. (a) Within four months of the health determination being made, the standby guardian shall file with the probate court in the county of domicile of the minor a petition seeking guardianship of the person of the minor in accordance with Code Sections 294-4 and 29-4-10, and other provisions of law. Notwithstanding Code Section 29-4-8, the appointment of the individual serving as standby guardian of the minor shall be preferred. (b) Except as otherwise provided, a standby guardianship shall automatically terminate four months after the making of the health determination unless the standby guardian has filed a petition for guardianship of the person of the minor in accordance with Code Section 29-4-5, in which case the standby guardianship shall remain in effect, unless otherwise revoked, until the petition is ruled upon. (c) If the designating individual dies prior to the entering of an order on a petition for guardianship of the person of the minor, as contemplated by subsection (a) of this Code section, the standby guardianship shall be terminated. If the designating individual dies subsequent to the entering of an order on such a petition, the guardianship created pursuant to that order shall terminate in favor of any testamentary designation of a guardian of the person of the minor or, if there is no testamentary designation, to a petition for guardianship brought thereafter and subject to Code Section 29-4-8."

SECTION 3. This Act shall become effective on July 1, 2002.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan Y Coleman, B Y Coleman, T E Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse 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
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
Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L
Walker, R.L Y Watson E West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representatives Lunsford of the 109th and Smyre of the 136th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 1287. By Representative Jackson of the 148th:
A RESOLUTION authorizing the conveyance of certain state owned real property or real property interest located 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 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 Benfield Y Birdsong Y Black Y Boggs 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
Childers Y Coan Y Coleman, B

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves
Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines

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
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton McKinney Y Millar

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J

Y Coleman, T E Collins
Connell Y Cooper

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Y Holland Y Holmes
Houston Y Howard

E Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper

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Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 828. By Representative Parham of the 122nd:
A BILL to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the licensing of the practice of orthotics, prosthetics, and pedorthics; to provide for a short title; to provide for legislative intent; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for the Board of Orthotics, Prosthetics, and Pedorthics; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physicians assistants, and respiratory care, so as to provide for the licensing of the practice of orthotics and prosthetics; to provide for a short title; to provide for legislative intent; to provide for definitions; to prohibit the practice of orthotics and prosthetics except by certain licensed persons; to provide for exceptions; to provide for licensing standards; to provide for examinations and fees; to provide for assistants and technicians; to provide for transitional authorization to practice; to provide for penalties; to limit the provision of services; to provide for license renewal and restoration; to provide for continuing education; to provide for sanctions for certain conduct and actions; to provide for an advisory committee; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physicians assistants, and respiratory care, is amended by inserting a new article to read as follows:
"ARTICLE 7
43-34-60. This article shall be known and may be cited as the 'Orthotics and Prosthetics Practice Act.'
43-34-61. The General Assembly finds that the practice of orthotics and prosthetics in this state is an allied health profession recognized by the American Medical Association, with educational standards established by the Commission on Accreditation of Allied Health Education Programs. The increasing population of elderly and physically challenged individuals who need orthotic and prosthetic services requires that the orthotic and prosthetic professions be regulated to ensure the provision of high-quality services and devices. The people of this state deserve the best care available and will benefit from the assurance of initial and ongoing professional competence of the orthotists and prosthetists practicing in this state. The practice of orthotics and prosthetics serves to improve and enhance the lives of individuals with disabilities by enabling them to resume productive lives following serious illness, injury, or trauma. Unregulated dispensing of orthotic and prosthetic care does not adequately meet the needs or serve the interests of the public. In keeping with requirements imposed on similar health disciplines, licensure of the orthotic and prosthetic professions will help ensure the health and safety of consumers, as well as maximize their functional abilities and productivity levels. This article shall be liberally construed to best carry out these subjects and purposes.
43-34-62. As used in this article, the term:
(1) 'Assistant' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with patient care services and fabrication of orthoses or prostheses under the supervision of a licensed orthotist or prosthetist. (2) 'Board' means the Composite Board of State Medical Examiners created by Code Section 43-34-21. (3) 'Custom fabricated and fitted device' means that an orthosis or prosthesis is fabricated to original measurements or a mold, or both, for use by a patient in accordance with a prescription and which requires substantial clinical and technical judgment in its design and fitting.

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(4) 'Custom fitted device' means a prefabricated orthosis or prosthesis sized, or modified, or both, for use by a patient in accordance with a prescription and which requires substantial clinical judgment and substantive alteration for appropriate use. (5) 'Facility' means the business location where orthotic or prosthetic care is provided and has the appropriate clinical and laboratory space and equipment to provide comprehensive orthotic or prosthetic care. Licensed orthotists and prosthetists must be available to either provide care or supervise the provision of care by nonlicensed staff. (6) 'Level of competence' means a hierarchical position that an individual occupies within a field or profession relative to other practitioners in the profession. (7) 'Licensed orthotist' means a person licensed under this article to practice orthotics and who represents himself or herself to the public by title and description of services that includes the term 'orthotic,' 'orthotist,' 'brace,' or a similar title or description of services. (8) 'Licensed physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Licensed podiatrist' means a person licensed to practice podiatry under Chapter 35 of this title, the 'Georgia Podiatry Practice Act.' (10) 'Licensed prosthetist' means a person licensed under this article to practice prosthetics and who represents himself or herself to the public by title and description of services that includes the term 'prosthetic,' 'prosthetist,' 'artificial limb,' or a similar title or description of services. (11) 'Off-the-shelf device' means a prefabricated prosthesis or orthosis sized or modified, or both, for use by a patient in accordance with a prescription and which does not require substantial clinical judgment and substantive alteration for appropriate use. (12) 'Orthosis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to correct, support, or compensate for a neuromusculoskeletal disorder or acquired condition. Orthosis does not include fabric or elastic supports, corsets, arch supports, low-temperature plastic splints, trusses, elastic hoses, canes, crutches, soft cervical collars, dental appliances, or other similar devices that are carried in stock and sold as over-the-counter items by a drug store, department store, corset shop, or surgical supply facility. (13) 'Orthotic and prosthetic education program' means a course of instruction accredited by the Commission on Accreditation of Allied Health Education Programs consisting of:
(A) A basic curriculum of college level instruction in math, physics, biology, chemistry, and psychology; and (B) A specific curriculum in orthotic or prosthetic courses, including:
(i) Lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic or orthotic components and materials, training and functional capabilities, prosthetic or orthotic performance evaluation, prescription considerations, etiology of amputations and disease processes necessitating prosthetic or orthotic use, and medical management;

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(ii) Subject matter related to pediatric and geriatric problems; (iii) Instruction in acute care techniques, such as immediate and early postsurgical prosthetics and fracture bracing techniques; and (iv) Lectures, demonstrations, and laboratory experiences related to the entire process of measuring, casting, fitting, fabricating, aligning, and completing prostheses or orthoses. (14) 'Orthotic and prosthetic scope of practice' means a list that includes the role played by an occupant of a particular level of competence, what he or she can be expected to do and not to do, and his or her relation to others in the field. These should be based on nationally accepted standards of orthotic and prosthetic certifying agencies with accreditation by the National Commission for Certifying Agencies. (15) 'Orthotics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatrist for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. (16) 'Orthotist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, or modified and fitted external orthosis to an orthotic patient based on a clinical assessment and a physicians or podiatrists prescription, to restore physiological function or cosmesis or both and represents himself or herself to the public by such title as providing orthotic services. (17) 'Over-the-counter device' means a prefabricated, mass produced device that is prepackaged and requires no professional advice or judgment in either size selection or use and incluses fabric or elastic supports, corsets, generic arch supports, and elastic hoses. (18) 'Person' means a natural person. (19) 'Prosthesis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to replace an absent external limb for purposes of restoring physiological function or cosmesis or both. Prosthesis does not include artificial eyes, ears, fingers or toes, dental appliances, cosmetic devices such as artificial breasts, eyelashes, or wigs, or other devices that do not have a significant impact on the musculoskeletal functions of the body. (20) 'Prosthetics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician or podiatrist. (21) 'Prosthetist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, modified, and fitted external limb prosthesis to a prosthetic patient based on a clinical assessment and a physicians or podiatrists prescription, to restore physiological function or cosmesis or both and represents himself or herself to the public by such title as providing prosthetic services.

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(22) 'Prosthetist orthotist' means a person who practices both disciplines of prosthetics and orthotics and who represents himself or herself to the public by such title as providing prosthetic and orthotic services. (23) 'Resident' means a person who has completed an education program in either orthotics or prosthetics and is continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education. (24) 'Technician' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with fabrication of orthoses or prostheses but does not provide direct patient care.
43-34-63. This article shall not be construed to prohibit:
(1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (3) The practice of orthotics or prosthetics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employees official duties; (4) The practice of orthotics or prosthetics by:
(A) A student enrolled in a school of orthotics or prosthetics; or (B) A resident continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; (5) The practice of orthotics or prosthetics by a person who is an orthotist or prosthetist licensed under the laws of another state or territory of the United States or another country and has applied in writing to the board, in a form and substance satisfactory to the board, for a license as an orthotist or prosthetist and who is qualified to receive the license until: (A) The expiration of six months after the filing of the written application; (B) The withdrawal of the application; or (C) The denial of the application by the board; (6) A person licensed by this state as a physical therapist or occupational therapist from engaging in his or her profession; (7) A licensed podiatrist from engaging in his or her profession; (8) A licensed athletic trainer from engaging in his or her profession; (9) A registered pharmacist from engaging in the practice by which he or she is registered; (10) Any person licensed under any other article of this chapter from engaging in the practice for which he or she is licensed; or (11) The measuring, molding, or fitting of knee braces by any person.

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43-34-64. An application for an original license shall be made to the board on a form prescribed thereby and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the board will enable it to determine the qualifications of the applicant for a license.
43-34-65. (a) To qualify for a license to practice orthotics or prosthetics, a person shall:
(1) Possess a baccalaureate degree from a college or university; (2) Have completed the amount of formal training, including, but not limited to, any hours of classroom education and clinical practice established and approved by the board;
(3)(A) Complete a clinical residency in the professional area for which a license is sought in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training must be devoted to services performed under the supervision of a licensed practitioner of orthotics or prosthetics or a person certified as a Certified Orthotist, Certified Prosthetist, or Certified Prosthetist Orthotist whose certification was obtained before the date this article becomes effective; or
(B)(i) Possess an associates degree from a college or university with specific courses of study in human anatomy, physiology, physics, chemistry, biology; and (ii) Have completed at least five years of continued work experience performed in the discipline for which the license will be sought, and under the supervision of a practitioner licensed in such discipline, or certified in such discipline provided the certification was obtained before July 1, 2002; (4) Pass all written, practical, and oral examinations that are required and approved by the board; (5) Be qualified to practice in accordance with internationally accepted standards of orthotic and prosthetic care; and (6) Have met such other requirements as may be prescribed by the board. (b) The standards and requirements for licensure established by the board shall be substantially equal to or in excess of standards commonly accepted in the profession of orthotics or prosthetics. The board shall adopt rules as necessary to set the standards and requirements. (c) A person may be licensed in more than one discipline.
43-34-66. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article;

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(3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed orthotists and prosthetists and provisional licensed orthotists and prosthetists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements.
43-34-67. (a) No person shall work as an assistant to an orthotist, prosthetist, or prosthetist orthotist and provide patient care services or fabrication of orthoses or prostheses unless he or she is doing the work under the supervision of a licensed orthotist, prosthetist, or prosthetist orthotist. (b) No person shall work as a technician unless the work is performed under the supervision of a person licensed under this article.
43-34-68. (a) Until one year after the date this article becomes effective, a person certified as an Orthotist, Prosthetist, or Prosthetist Orthotist by the American Board for Certification in Orthotics and Prosthetics, Incorporated or the Board of Othortist/Prothetist Certification or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted orthotic or prosthetic licensure under this article upon payment of the required fee. After that date, any applicant for licensure as an orthotist or a prosthetist shall meet the requirements of subsection (a) of Code Section 43-34-65. (b) On and after one year after the date this article becomes effective, no person shall practice orthotics or prosthetics in this state and hold himself or herself out as being able to practice such professions unless he or she is licensed in accordance with this article or is exempt from such licensing. A person who violates this subsection shall, upon conviction thereof, be guilty of a misdemeanor. (c) Notwithstanding any other provision of this Code section, within 60 days after the date this article becomes effective, a person who has practiced full time for a minimum of the past seven years in this state in a prosthetic orthotic facility as an orthotist or prosthetist may file an application with the board in order to continue to practice orthotics or prosthetics. The applicant shall be issued a license to practice orthotics or prosthetics under the provisions of this article without satisfaction of examination and education requirements upon receipt by the board of payment of the licensing fee

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required under this article and after the board has completed an investigation of the applicants work history. The board shall complete its investigation for the purposes of this Code section within six months of the date of the application. The investigation may include, but is not limited to, completion by the applicant of a questionnaire regarding the applicants work history and scope of practice. A license issued to a person under this subsection shall not be renewed without compliance with the requirements of Code Section 43-34-65.
43-34-69. A licensed orthotist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist. A licensed prosthetist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist.
43-34-70. (a) The expiration date and renewal period for each license issued under this article shall be set by the board. A license shall be valid for a period of up to two years and shall be renewed biennially as provided by rule of the board. The board shall establish continuing education requirements for the renewal of a license. These requirements shall be based on established standards of competence. (b) A person who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by:
(1) Making application to the board; (2) Filing proof acceptable to the board of his or her fitness to have his or her license restored including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the board, and (3) Paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the board, the board shall determine, by an evaluation program established by rule, such persons fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. (c) A person whose license expired while he or she was: (1) In federal service on active duty within the armed forces of the United States or with the state militia and called into service or training; or (2) In training or education under the supervision of the United States preliminary to induction into military service may have his or her license renewed or restored without paying a lapsed renewal fee if, within two years after termination from the service, training, or education except under conditions other than honorable, he or she furnished the board with satisfactory evidence that he or she has been so engaged and that his or her service, training, or education has been terminated.

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43-34-71. A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. A person requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Code Section 43-34-70. An orthotist or prosthetist whose license is on inactive status shall not practice orthotics or prosthetics in this state.
43-34-72. The board may, at its discretion, license as an orthotist or prosthetist, without examination and on payment of the required fee, an applicant who is an orthotist or prosthetist and is:
(1) Licensed under the laws of another state, territory, or country, if the requirements for licensure in that state, territory, or country in which the applicant is licensed were, at the date of his or her licensure, substantially equal to the requirements in force in this state on that date; or (2) Certified by a national certification organization with educational and testing standards equal to or more stringent than the licensing requirements of this state.
43-34-73. (a) The board, in consultation with the advisory committee, may:
(1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicants or licensees submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for issuance of a license, and, if the board 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 board if he or she so desires;

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(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith, practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a licensed business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of a license by any such lawful authority other that the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the licensee by the board;

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(8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance of renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed any inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-74. The board shall appoint the advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the licensed orthotists and prosthetists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article."
SECTION 2. (a)(1) For purposes of promulgating rules and regulations, Section 1 of this Act shall become effective on July 1 of the fiscal year in which this Act becomes effective as provided by paragraph (3) of this subsection. (2) For all other purposes, Section 1 of this Act shall become effective July 1 of the fiscal year following the year in which this Act becomes effective as provided by paragraph (3) of this subsection. (3) Section 1 of this Act shall become effective only upon the specific appropriation of funds for purposes of said section of this Act, including without limitation those positions necessary for implementation, as expressed in an appropriations Act enacted by the General Assembly. (b) All sections of this Act other than Section 1 shall become effective July 1, 2002.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen N Amerson
Anderson Y Ashe N Bannister
Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Burmeister
Byrd N Callaway N Campbell N Cash Y Channell Y Childers
Coan Y Coleman, B
Coleman, T E Collins
Connell N Cooper

Y Cox Y Crawford Y Cummings N Davis Y Day Y Dean Y Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner Y Golick N Grasse
Graves Y Greene
Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree
Henson N Hines Y Holland Y Holmes Y Houston Y Howard

N Hudgens 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 N Joyce E Kaye N Keen N Knox Y Lane Y Lanier Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee Y McCall McClinton McKinney N Millar E Mills Y Mobley Y Morris Mosley

Y Mueller N Muntean N O'Neal Y Orrock
Parham Y Parrish Y Parsons E Pelote N Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Smith, B Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre E Snelling N Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Stephens Y Stokes Taylor Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West N Westmoreland N Wiles Y Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 105, nays 41.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lunsford of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1492. By Representatives Parham of the 122nd, Murphy of the 18th, Birdsong of the 123rd, Parrish of the 144th, Porter of the 143rd and others:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to change certain provisions relating to coverage for equipment and self-management training for individuals with diabetes and enforcement; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to change certain provisions relating to coverage for equipment and self-management training for individuals with diabetes and enforcement; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by striking Code Section 33-24-59.2, relating to coverage for equipment and self-management training for individuals with diabetes and enforcement, and inserting in lieu thereof the following:
"33-24-59.2. (a) On or after July 1, 1998 2002, every individual major medical and group health insurance policy, group health insurance plan or policy, and any other form of managed or capitated care plans or policies shall offer provide coverage for medically necessary equipment, supplies, pharmacologic agents, and outpatient self-management training and education, including medical nutrition therapy, for individuals with insulin-

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dependent diabetes, insulin-using diabetes, gestational diabetes, and noninsulin-using diabetes as who adhere to the prognosis and treatment regimen prescribed by a physician licensed to practice medicine pursuant to Title 43.
(b)(1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes. (2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources which conform to the current standards for diabetes outpatient self-management training and educational services established by the American Diabetes Association for purposes of this Code section. (3) The office of the Commissioner of Insurance shall promulgate rules and regulations, relating to standards of diabetes care, to become effective July 1, 2002, after consultation with the Department of Human Resources, the American Diabetes Association, and the National Institutes of Health. Such rules and regulations shall be adopted in accordance with the provisions of Code Section 33-2-9. (c) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given policy. (d) Private third-party payors may not reduce or eliminate coverage due to the requirements of this Code section. (e) Enforcement of the provisions of this Code section shall be performed by the Commissioner of Insurance."
SECTION 2. (a) For purposes of promulgating rules and regulations, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 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.

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 Cox Y Crawford Y Cummings N Davis N Day

N Hudgens Y Hudson, N Y Hudson, S Y Hugley N Irvin

Mueller N Muntean N O'Neal Y Orrock Y Parham

N Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges Y Brooks Y Broome N Brown
Buck Y Buckner Y Bulloch N Bunn E Burkhalter N Burmeister Y Byrd N Callaway
Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins
Connell N Cooper

TUESDAY, MARCH 26, 2002

Y Dean N Deloach, B
Deloach, G E Dix
Dodson Y Drenner Y Dukes N Ehrhart Y Epps Y Everett Y Floyd N Forster N Franklin Y Gardner Y Golick N Grasse
Graves Y Greene N Hammontree N Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y 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 Y Lanier N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Parrish Y Parsons E Pelote
Pinholster Poag Y Porter Y Powell Y Purcell Y Ragas Randall Y Ray Y Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D Roberts, L N Rogers Y Royal Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

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Y Smith, T N Smith, V Y Smyre E Snelling N Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes
Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L N Walker, R.L Y Watson E West Y Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates Y Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 105, nays 46.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 342. By Representatives Orrock of the 56th, Smyre of the 136th, Martin of the 47th, Coleman of the 142nd, Turnquest of the 73rd and others:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for an adjustable base period for calculating eligibility to receive unemployment compensation; to provide that certain persons seeking part-time work are not disqualified from receiving benefits by that fact alone; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To be known as the "Employment Security and Enhancement Act of 2002"; to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change the provisions relating to the base period and the determination thereof; to change the provisions relating to deductible earnings; to provide for definitions; to change the provisions relating to benefit experience and variations from the standard rate of employer contributions during certain periods; to change the provisions relating to the State-wide Reserve Ratio and reductions in tax rate; to change certain time periods; to change the provisions relating to determination of the weekly benefit amount and weekly allowable earnings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Employment Security and Enhancement Act of 2002."
SECTION 2. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking Code Section 34-8-21, relating to the base period, and inserting in lieu thereof the following:
"34-8-21. (a) Except as provided in subsection (b) of this Code section, as As used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individuals benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003, and shall conclude and terminate on June 30, 2004. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the

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account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."
SECTION 3. Said chapter is further amended by striking Code Section 34-8-30, relating to deductible earnings, and inserting in lieu thereof the following:
"34-8-30. As used in this chapter, the term 'deductible earnings' means all money in excess of $30.00 each week earned by a claimant for services performed, whether or not received by such claimant. For claims filed on or after July 1, 2002, the term 'deductible earnings' means all money in excess of $50.00 each week earned by a claimant for services performed, whether or not received by such claimant. Deductible earnings shall be subtracted from the weekly benefit amount of the claim."
SECTION 4. Said chapter is further amended by striking subsection (f) of Code Section 34-8-155, relating to benefit experience and variations from standard rate of employer contributions during certain periods, and inserting in lieu thereof the following:
"(f)(1) Subject to the provisions of paragraph (2) of this subsection, contribution rates for experience rated employers for the time periods:
(A) January 1, 2000, to December 31, 2000; (B) January 1, 2001, to December 31, 2001; (C) January 1, 2002, to December 31, 2002; and (D) January 1, 2003, to December 31, 2003; and (E) January 1, 2004, to December 31, 2004 shall not be imposed above the level of 1.0 percent of statutory contribution rates. (2) In addition to and not in substitution of the provisions of paragraph (4) of subsection (d) of Code Section 34-8-156, if at any time during the five-year time period commencing January 1, 2000, and ending December 31, 2004, the State-wide Reserve Ratio equals 1.25 or less, the provisions of paragraph (1) of this subsection shall become null and void and of no further purpose or effect for any subsequent time periods identified therein; and provided further, the The Governor shall have authority to suspend by executive order any future portion of said the reduction in calculated rates as provided for in paragraph (1) of this subsection in the event the Governor determines, upon the recommendation of the Commissioner, that suspension of said reduction is in the best interests of the State of Georgia."
SECTION 5. Said chapter is further amended by striking subparagraph (d)(4)(B) of Code Section 34-8156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof the following:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-

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wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:

If the State-wide Reserve Ratio: Equals or Exceeds 1.5 percent 1.25 percent 0.75 percent Under 0.75 percent

But Is Less Than 1.7 percent 1.5 percent 1.25 percent

Overall Increase 25 percent 50 percent 75 percent 100 percent

provided, however, that for the period of January 1 through December 31, 2003, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void."
SECTION 6. Said chapter is further amended by striking Code Section 34-8-193, relating to determination of the weekly benefit amount, and inserting in its place the following: "34-8-193. (a) The weekly benefit amount of an individuals claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 48 46. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 24 23. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41. (b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00,

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the individuals weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00; provided, further, that for benefit years beginning on or after July 1, 1997, when the weekly benefit amount, as computed, would be more than $26.00 but less than $39.00, the individuals weekly benefit amount will be $39.00, and no weekly benefit amount shall be established for less than $39.00; provided, further, that for benefit years beginning on or after July 1, 2002, when the weekly benefit amount, as computed, would be more than $26.00 but less than $40.00, the individuals weekly benefit amount will be $40.00, and no weekly benefit amount shall be established for less than $40.00. (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
(1) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (2) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; (4) For claims filed on or after July 1, 1996, but before July 1, 1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1, 1998, the maximum weekly benefit amount shall not exceed $224.00; (6) For claims filed on or after July 1, 1998, but before July 1, 1999, the maximum weekly benefit amount shall not exceed $244.00; (7) For claims filed on or after July 1, 1999, but before July 1, 2000, the maximum weekly benefit amount shall not exceed $264.00; (8) For claims filed on or after July 1, 2000, but before July 1, 2001, the maximum weekly benefit amount shall not exceed $274.00; and (9) For claims filed on or after July 1, 2001, but before July 1, 2002, the maximum weekly benefit amount shall not exceed $284.00.; (10) For claims filed on or after July 1, 2002, but before July 1, 2003, the maximum weekly benefit amount shall not exceed $295.00; and (11) For claims filed on or after July 1, 2003, the maximum weekly benefit amount shall not exceed $300.00. Provided, however, for the period on or after January 1, 2000, whenever the State-wide Reserve Ratio, as defined in Code Section 34-8-156, is 1.25 percent or less, no future increase in the weekly benefit amount shall be effective until the State-wide Reserve Ratio is over 1.25 percent. (d) The maximum benefits payable to an individual in a benefit year shall be the lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197.

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(e)(1) An otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of $30.00, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings of $30.00 or less will not affect entitlement to benefits. For the purpose of this subsection, jury duty pay shall not be considered as earnings. (2) For claims filed on or after July 1, 2002, an otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of $50.00, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings of $50.00 or less will not affect entitlement to benefits. For the purpose of this paragraph, jury duty pay shall not be considered as earnings. (f)(1) The amount of unemployment compensation payable to an individual for any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment which is reasonably attributable to such week. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. (2) The requirements of this subsection shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if:
(A) Such pension, retirement or retired pay, annuity, or similar payment is under a plan maintained or contributed to by a base-period employer or chargeable employer as determined under applicable law; and (B) Payments for services performed for such employer by the individual after the beginning of the base period affect eligibility for or increase the amount of such pension, retirement or retired pay, annuity, or similar payment, except in the case of pensions paid under the federal Social Security Act, the Railroad Retirement Act of 1974, or the corresponding provisions of prior law. (3) The Commissioner shall take into consideration the amount contributed by the individual for the pension, retirement or retired pay, annuity, or other similar periodic payment and shall limit such reduction based on the percent share contributed by such individual. An individual who, while working, contributed 50 percent or more toward such plan shall not be subject to a reduction in the weekly benefit amount of the claim. (g) Between the filing of one benefit year claim and the filing of another benefit year claim, an individual must have performed services in bona fide employment and earned insured wages for such services. These wages for insured work must equal or exceed ten times the weekly benefit amount of the new claim in order to establish entitlement. (h) The wage credits and benefit rights of persons who entered the armed services of the United States during a national emergency are preserved for the period of their

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actual service and six months thereafter in accordance with regulations of the Commissioner."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Coleman, B Y Coleman, T E Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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
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 Manning
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed 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 E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1590. By Representatives Westmoreland of the 104th, Hudgens of the 24th, Lunsford of the 109th and Jamieson of the 22nd:
A BILL to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs for quality basic education, so as to provide that for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., students enrolled in home study programs shall be provided with the same special education and related services as students enrolled in private schools; 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 N Ashe Y Bannister Y Barnard Y Barnes Y Bell
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges
Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn E Burkhalter Y Burmeister Y Byrd Y Callaway

Y 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin

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
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 Manning

Y Mueller Y Muntean Y O'Neal
Orrock Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Randall Y Ray Y Reece N Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor

Y Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings N Stanley N Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman
Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson

Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E Collins
Connell Y Cooper

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E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Massey Y McBee Y McCall
McClinton McKinney Y Millar E 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

2601
E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 148, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1584. By Representatives Cummings of the 27th and Shanahan of the 10th:
A BILL to amend Code Section 45-18-10 of the Official Code of Georgia Annotated, relating to a right of continuation of coverage for former employees, payment of premiums, establishment of terms and conditions by board, and appointment as United States attorney, so as to provide that if a former member of the Generally Assembly dies after ceasing to hold office but before he or she begins to receive a retirement benefit, and he or she has continued to participate in the state health plan, his or her surviving spouse and dependent children shall be entitled to continued coverage; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 666. By Representative Snow of the 2nd:
A BILL to amend Code Section 47-2-263 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys' Council and the payment of employee contributions, so as to provide that such members may obtain

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creditable service for prior service as a law clerk or legal assistant to a superior court judge; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-263 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys Council and the payment of employee contributions, so as to provide that such members may obtain creditable service for prior service as a full-time law assistant for a judicial circuit; to provide for the payment of the full actuarial value; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-263 of the Official Code of Georgia Annotated, relating to creditable service in the Employees Retirement System of Georgia for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys Council and the payment of employee contributions, is amended by inserting at the end thereof the following:
"(c) Any member who is subject to Code Section 47-2-262 may receive up to four years of creditable service under this chapter for past service as a full-time law assistant for a judicial circuit employed pursuant to the provisions of Code Section 156-28 upon payment to the board of trustees of such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. The basis for employee contributions to obtain creditable service under this Code section shall be the state salary paid to the member claiming such past service at the time the service was rendered. Such payment must be made not later than July 1, 2003, or within six months of first or again becoming a member, whichever is later."
SECTION 2. This Act shall become effective on July 1, 2002, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2002, as required by subsection (a) of Code Section 47-20-50.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 1288. By Representatives Smith of the 169th, Mosley of the 171st, Byrd of the 170th, Boggs of the 168th, Tillman of the 173rd and others:
A RESOLUTION urging support for the national motto of the United States; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Bell of the 25th and Houston of the 166th would like to be recorded as voting "aye" on HR 1288.
HR 1069. By Representatives Manning of the 32nd, Hanner of the 159th, Shanahan of the 10th, Smith of the 103rd, McCall of the 90th and others:
A RESOLUTION encouraging the development and application of plasmaarc torch technology for solid waste management in Georgia and urging the cooperation and guidance of the Environmental Protection Division of the Department of Natural Resources; and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 94, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1279. By Representatives Jenkins of the 110th, Reichert of the 126th, Holland of the 157th, Ray of the 128th and Channell of the 111th:
A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to firearms licenses, and Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to custody of certain funds by judges of the probate courts, so as to change certain fees for judges of the probate courts; to clarify provisions relating to remitting funds to other agencies, advance cost, notices of claims and claims by creditors against estates of decedents or persons believed to be dead, and fees charged by other agencies for examination of records with regard to applications for firearms licenses; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to firearms licenses, and Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to custody of certain funds by judges of the probate courts, so as to change certain fees for judges of the probate courts; to clarify provisions relating to remitting funds to other agencies, advance cost, notices of claims and claims by creditors against estates of decedents or persons believed to be dead, and fees charged by other agencies for examination of records with regard to applications for firearms licenses; to conform provisions relating to the fee for issuing a replacement firearms license and the fee for handling a custodial account; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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2605

SECTION 1. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, is amended by striking subsections (c), (d), (e), and (k) and inserting in lieu thereof the following:
"(c) In all counties in this state where the judge of the probate court is paid or compensated on a salary basis, the The fees provided for in this Code section shall be paid into the county treasury less and except only such sums as are otherwise directed to be paid by law, which sums shall be remitted as provided by law by either the probate court or the county. (d) Except Subject to the provisions of Code Section 15-9-61, and except for the filing of a proceeding in which the filing party also files with the court a sworn affidavit that the party is unable because of indigence to pay the cost of court, all sums specified in this Code section shall be paid to the court at the time of filing or as thereafter incurred for services rendered. In accordance with Code Section 15-9-61, the judges of the probate courts are entitled to an advance cost of $30.00 for deposit to be made before filing any proceeding. (e) Cost in decedents estates:
(1) Except as otherwise provided, the cost in an initial proceeding regarding the estate of a decedent or of a missing individual believed to be dead shall be $90.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such initial proceedings, exclusive of recording charges; (2) As used in this subsection, the term 'initial proceeding' shall mean the first proceeding filed in the probate court in connection with or regarding the estate of a decedent or of a missing individual believed to be dead, including, but not necessarily limited to, the following proceedings: petition for temporary letters of administration; petition for letters of administration; petition to probate will in common form; petition to probate will in solemn form; petition to probate will in solemn form and for letters of administration with will annexed; petition for order declaring no administration necessary; petition for years support; petition for presumption of death of missing individual believed to be dead; any proceeding for ancillary administration by a foreign personal representative; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to the estate of a decedent or of a missing individual believed to be dead; (3) As used in this subsection, the term 'initial proceeding' shall not include a petition to establish custodial account for missing heir, a petition to enter a safe-deposit box, or any other petition or proceeding for which a specific cost is otherwise set forth in this Code section; (4) Except as otherwise provided, the cost shall be $75.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, in any of the proceedings listed in paragraph (2) of this subsection filed subsequent to the filing of an initial proceeding regarding the estate of the same decedent or missing individual believed to be dead;

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(5) Except as otherwise provided, the cost shall be $50.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for the filing of the following proceedings or pleadings regarding the estate of a decedent or of a missing individual believed to be dead: petition for letters of administration with will annexed (will previously probated); petition of personal representative for leave to sell property; petition for leave to sell perishable property; petition for leave to sell or encumber property previously set aside as years support; petition by administrator for waiver of bond, grant of certain powers, or both; petition for discharge; petition by personal representative for approval of a division in kind; petition to determine heirs; petition by personal representative for direction under will; petition by personal representative to compromise a disputed claim or debt; petition by or against personal representative for an accounting or final settlement; petition to resign as personal representative and for the appointment of a successor; petition to remove a personal representative and for the appointment of a successor; citation against a personal representative for failure to make returns or for alleged mismanagement of estate; a caveat, objection, or other responsive pleading by which the proceeding becomes contested filed by any person to whom notice or citation has been issued; petition or motion to intervene as an interested party; and any other petition application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding the estate of a decedent or of a missing individual believed to be dead; (6) Except as otherwise provided, the cost shall be $25.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for the filing of the following proceedings, pleadings, or documents regarding the estate of a decedent or of a missing individual believed to be dead: petition to change accounting period; petition to enter a safe-deposit box; petition or motion for attorneys fees; petition or motion of personal representative for extra compensation; or inventory, appraisement, or annual, intermediate, or final returns of personal representatives; and (7) Except as otherwise provided, the cost shall be $10.00 for all services rendered by the judge or clerk of the probate court, exclusive of recording charges, for the filing of the following proceedings, pleadings, or documents regarding the estate of a decedent or of a missing person believed to be dead: notice of claim or claim of a creditor, if such notice or claim is filed with and accepted by the court; declination to serve of nominated personal representative; or renunciation of right of succession." "(k) Miscellaneous costs. Except as otherwise provided, the judge or clerk of the probate court shall be entitled to the following costs for the proceedings, pleading, documents, or services itemized:
(1) Application for writ of habeas corpus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00
(2) Petition to establish lost papers, exclusive of recording charges . . . . . . . . 50.00
(3) Petition for or declaration of exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

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(4) Petition to change birth certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60.00

(5) For all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for any application or petition by which the jurisdiction of the probate court is first invoked for which no cost is set forth in this Code section or other applicable law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50.00

(6) Issuance of any order, including a rule nisi, in any matter for which the costs set forth in this Code section do not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges . . . . 25.00

(7) Motions, amendments, or other pleadings filed in any matter for which the cost set forth in this Code section does not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges, and no other cost is set forth in this Code section . . . . . . . . . . . . . . . .

10.00

(8) For processing appeals to superior court, exclusive of recording charges 25.00

(9) For issuance of writ of fieri facias (fi.fa.) . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(10) For issuance of permit to discharge explosives . . . . . . . . . . . . . . . . . . . . . 25.00

(11) For issuance of permit to discharge fireworks . . . . . . . . . . . . . . . . . . . . . 25.00

(12) Application for firearms license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) 15.00

(13) For issuance of a replacement firearms license . . . . . . . . . . . . . . . . . . . . . 5.00

(14) Application for marriage license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(15) For the safekeeping of a will . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(16) For issuance of a veterans license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee

(17) For issuance of a peddlers license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(18) For issuance of a certificate of residency . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(19) Registration of junk dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(20) Certification of publication of application for insurance company charter 10.00

(21) Recording of marks and brands, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(22) Exemplification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

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(23) Certification under seal of copies (plus copy cost) . . . . . . . . . . . . . . . . . . 5.00
(24) Certified copies of letters of personal representative, temporary administrator, or guardian, each, including copy cost . . . . . . . . . . . . . . . . . . . . 5.00
(25) For issuance of a subpoena, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
(26) For filing and recording of oath or bond of any official, officer, or employee of any municipality or authority within the county, each . . . . . . . . . 5.00
(27) For filing and recording of oath or bond of county official or officer . . . No fee
(28) For examination of records or files by employee of the probate court to provide abstract of information contained therein or to provide copies therefrom, per estate or name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
(29) Recording, per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
(30) Copies, per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.25"
SECTION 2. Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to firearms licenses, is amended by striking subsections (b) and (e) and inserting in lieu thereof the following: "(b) Licensing exceptions. No license shall be granted to: (1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person 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 has not been pardoned for such 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 constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the

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applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Human Resources, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license; or
(5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term:
(i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71." "(e) Revocation, loss, or damage to license. If, at any time during the period for which the license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon adjudication of falsification of application, mental incompetency, chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 1611-126, 16-11-127, or 16-11-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver under the authority granted by this Code section, and his or her failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged

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license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. A fee of $3.00 shall be charged by the The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services."
SECTION 3. Chapter 8 of Title 29 of the Official Code of Georgia Annotated, relating to custody of certain funds by judges of the probate courts, is amended by striking Code Section 29-86, relating to compensation for services relating to custody of such funds, and inserting in lieu thereof the following:
"29-8-6. The judges of the probate courts shall receive, as compensation for their services under Code Section 29-8-1, 5 percent on the amount handled the fee specified in subsection (j) of Code Section 15-9-60."
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 ayes were 94, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker assumed the Chair.
HB 1335. By Representatives Jenkins of the 110th, Day of the 153rd, Lane of the 146th, Coleman of the 142nd, Walker of the 141st and others:
A BILL to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hunting, fishing, or trapping licenses shall also serve as applications for voter registration; and for other purposes.
The following Committee substitute was read and adopted:

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A BILL
To amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to issuance and sale of hunting, fishing, and trapping licenses, identification required of purchasers, and withdrawal of agents authority to sell licenses, so as to change certain provisions relating to duties of license agents prior to selling of licenses; to require license agents to offer mail voter registration applications to certain persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to issuance and sale of hunting, fishing, and trapping licenses, identification required of purchasers, and withdrawal of agents authority to sell licenses, is amended by striking subsection (d) and inserting in lieu thereof the following:
"(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:
(1) 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; and (2) Ask the person desiring to purchase a license whether he or she desires to register to vote. If the license applicant expresses his or her desire to register to vote, the license agent shall provide the applicant with an official mail voter registration application with postage prepaid thereon and preaddresssed to the Elections Division of the Office of the Secretary of State. The department shall provide each license agent with an adequate and continuing supply of such official mail voter registration applications."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch
Bunn E Burkhalter N Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E 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
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin
Gardner Y Golick Y Grasse Y Graves Y Greene Y 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 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 N Knox Y Lane Y Lanier Y Lewis N Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert N Rice Y Richardson Y Roberts, D N Roberts, L Y Rogers Y Royal
Sailor N Sanders Y Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1322 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1494. By Representatives Coan of the 82nd, Williams of the 83rd and Bannister of the 77th:
A RESOLUTION congratulating the Collins Hill High School Wrestling Team and Coach Cliff Ramos for winning the 2002 Class AAAAA state wrestling championship and inviting team members and their coach to appear before the House; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1224. By Representative Bordeaux of the 151st:
A BILL to provide for changes in laws pertaining to child support enforcement and to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the trier of fact to vary the final sum certain monetary award of child support upon a written finding that special circumstances make the presumptive amount of support excessive or inadequate; to authorize the use of the National Medical Support

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Notice to enforce medical support provisions of a child support order; and for other purposes.

The following Committee substitute was read:

A BILL
To provide for changes in laws pertaining to child support enforcement and to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize the use of the National Medical Support Notice to enforce medical support provisions of a child support order; to prohibit a payor from deducting a fee for complying with an order for enrollment in a health benefit plan; to provide for payment for a genetic test to establish paternity; to provide for the notification of employers and health insurers of an order to enforce accident and sickness coverage; to provide the obligor with the right and means to contest withholding of insurance premiums; to authorize the Department of Human Resources to adopt rules and regulations; to provide for notice of enrollment in a plan and establishment of coverage for accident and sickness insurance in compliance with a child support order; to provide for notice of termination of employment to the person or entity that sent a National Medical Support Notice; to change cross-references; to establish the Department of Human Resources Bank Match Registry; to vest the Department of Human Resources with the authority for the operation and administration of the bank match registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-6-31, relating to definitions, by adding between paragraphs (8) and (9) a new paragraph (8.1) to read as follows:
"(8.1) 'National Medical Support Notice' means a notice as prescribed under 42 U.S.C. Section 666(a)(19), or a substantially similar notice, which is issued and forwarded by the IV-D agency to enforce the medical support provisions of a support order."
SECTION 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 19-6-32, relating to entering income deduction order for award of child support, when order effective, and hearing on order, and inserting in its place the following:
"(2) For all child support orders, and spousal support orders enforced pursuant to subsection (d) of Code Section 19-11-6, the IV-D agency shall be authorized to issue

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an order for income deduction without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative law judge is afforded. The IV-D agency shall also be authorized to issue a National Medical Support Notice to enforce the medical support provisions of such orders, provided that an opportunity for a hearing pursuant to Code Section 19-11-27 is afforded. Such order orders or notices may be issued electronically by the IV-D agency. The IV-D agency shall issue an order for income deduction or, when appropriate, a National Support Medical Notice within two business days after the information regarding a newly hired employee is entered into the centralized employee registry pursuant to Code Section 19-11-9.2 and matched with an obligor in a case being enforced by the IV-D agency."
SECTION 3. Said title is further amended by striking paragraph (5) of subsection (e) of Code Section 19-6-33, relating to notice and service of income deduction order, hearing on enforcement of order, discharge of obligor, and penalties, and inserting in its place the following:
"(5) Provide that the payor may collect up to $25.00 against the obligors income to reimburse the payor for administrative costs for the first income deduction pursuant to an income deduction order and up to $3.00 for each deduction thereafter. The payor of income may not deduct a fee for complying with any order or notice for enrollment in a health benefit plan;".
SECTION 4. Said title is further amended by striking subsection (f) of Code Section 19-7-43, relating to a petition, by whom brought, the effect of agreement on the right to bring a petition, a stay pending the birth of a child, a court order for blood tests, and genetic tests, and inserting in its place the following:
"(f) In any case in which the court or the department orders genetic testing and one or both of the parties to the action is receiving child support services pursuant to Code Section 19-11-6, the department shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request."
SECTION 5. Said title is further amended by striking subsections (a) and (h) of Code Section 19-119.2, relating to duty of employers to report hiring or rehiring of persons, and inserting in their place the following:
"(a) Effective July 1, 1993, employers Employers doing business in the State of Georgia shall report to the Georgia state support registry managed by the Department of Administrative Services Human Resources:

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(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment." "(h) The Department of Administrative Services Human Resources shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Services Human Resources shall be authorized to apportion the costs of the registry between the users."
SECTION 6. Said title is further amended by striking Code Section 19-11-27, relating to accident and sickness insurance coverage for children, notice of enrollment provided to person or entity providing access to coverage on behalf of obligor, and establishment of coverage, and inserting in its place the following:
"19-11-27. (a) Whenever a support obligor who is required to maintain accident and sickness insurance fails to provide such coverage as ordered, or allows such coverage to lapse, the department, the Department of Community Health, or the other party may compel the obligor to obtain insurance coverage as provided in this Code section. The remedies provided in this Code section shall be in addition to and not in lieu of any other remedies available to the department, the Department of Community Health, or the other party. (b) The National Medical Support Notice as prescribed under 42 U.S.C. Section 666(a)(19) shall be issued, when appropriate, by the IV-D agency to notify employers and health insurers of an order entered or being enforced by the IV-D agency pursuant to Code Section 19-11-8 and to enforce the accident and sickness provisions of such order. The IV-D agency is not required to issue the National Medical Support Notice in cases where the court or administrative order stipulates alternative accident and sickness coverage that is not employer based. (b)(c) Upon failure of a support obligor to obtain accident and sickness insurance coverage as ordered, or upon the lapse of coverage required to be provided, the department, the Department of Community Health, or the other party may issue and send a notice of enrollment or National Medical Support Notice by certified mail or statutory overnight delivery, return receipt requested, to the person or entity providing access to such coverage on behalf of the obligor. The notice shall include a certified copy of the latest order requiring health insurance coverage and the return address of the sender. Upon receipt of a notice of enrollment, any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall immediately undertake to provide such coverage as specified in the notice of enrollment. Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor shall be deemed authorized to execute any document for the obligor in order to establish coverage. If more than one insurance plan is available, coverage shall be established under the obligors existing plan or a previously

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existing plan where possible. If coverage under the obligors existing plan or a previously existing plan cannot be established, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall establish coverage under the least expensive plan otherwise available. (d) In all IV-D cases, the IV-D agency shall notify the obligor in writing that the National Medical Support Notice has been sent to the obligors employer or union, and the written notification shall include the obligors rights and duties under the National Medical Support Notice. The obligor has the right to contest the withholding required by the National Medical Support Notice based on a mistake of fact. To contest, the obligor must file a written notice of contest with the IV-D agency within 15 business days from the date of the National Medical Support Notice. Filing with the IV-D agency shall be deemed complete when the notice is received by the person designated by the IV-D agency in the written notification. Upon the timely filing of a notice of contest, the IV-D agency shall, within five business days, schedule an informal conference with the obligor to discuss the obligors factual dispute. If the informal conference resolves the dispute to the obligors satisfaction, or if the obligor fails to attend the informal conference, the notice of contest shall be deemed withdrawn. If the informal conference does not resolve the dispute, the obligor has the right to request an administrative hearing before an administrative law judge pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' within five business days after being notified of the results of the review by the IV-D agency. However, neither a request for informal review nor the filing of a notice of contest for an administrative hearing by the obligor shall delay the withholding of premium payments by the union, employer, or health plan administrator. The union, employer, or health plan administrator must implement the withholding as directed by the National Medical Support Notice unless notified by the IV-D agency, court, or the Office of Administrative Hearings that the National Medical Support Notice is terminated. (c)(e) Any person or entity providing access to accident and sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment or National Medical Support Notice shall withhold from the obligors income the amount necessary to pay the premium for the insurance coverage, provided that the amount deducted does not exceed the limitations of Section 303(b) of the federal Consumer Credit Protection Act, as amended. (f) The department is authorized to adopt rules and regulations to implement the child support enforcement provisions of this Code section that affect IV-D cases. (d)(g) Upon receipt of a notice of enrollment, the person or entity providing access to accident and sickness insurance coverage on behalf of the obligor shall notify the person or entity sending the notice of enrollment within 30 business days whether or National Medical Support Notice:
(1) Enrollment in an accident and sickness insurance plan has occurred; or (2) Enrollment cannot be established, stating the reasons why coverage is not available.

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(1) The employer and plan administrator shall comply with the provisions in the notice; (2) The employer and plan administrator shall treat the notice as an application for health coverage for the dependent by the person or entity sending the notice to the extent such application is required by the plan; (3) If the obligor named in the notice is not an employee of the employer or if a health benefit plan is not offered or available to the employee, the employer shall notify the person or entity sending the notice, as provided in the notice, within 20 business days after the date of the notice; (4) If a health benefit plan is offered or available to the employee, the employer shall send the plan administrators portion of the notice to each appropriate plan administrator within 20 business days after the date of the notice; (5) Upon notification from the plan administrator that the dependent is enrolled, the employer shall either withhold and transfer the premiums to the plan, or notify the person or entity sending the notice, that enrollment cannot be completed because of prioritization or limits on withholding as provided in subsection (e) of this Code section or as provided in the notice; (6) Upon notification from the plan administrator that the obligor is subject to a waiting period that expires more than 90 days from the date of receipt of the notice by the plan administrator, or whose duration is determined by a measure other than the passage of time, the employer shall notify the plan administrator when the obligor is eligible to enroll in the plan and that this notice requires enrollment of the dependent named in the notice in the plan; (7) The plan administrator shall enroll the dependent and if necessary the obligor in the plan selected under this paragraph. The plan administrator shall enroll the obligor if enrollment of the obligor is necessary to enroll the dependent. All the following shall apply in the selection of the plan:
(A) If the obligor is enrolled in a health benefit plan that offers dependent coverage, the dependent shall be enrolled in the plan in which the obligor is enrolled; (B) If the obligor is not enrolled in a plan or is not enrolled in a plan that offers dependent coverage, and if only one plan with dependent coverage is offered by the employer, that plan shall be selected; (C) If the obligor is not enrolled in a health benefit plan that offers dependent coverage, and if more than one plan with dependent coverage is offered by the employer, and if the notice is issued by the IV-D agency, all of the following shall apply:
(i) If only one of the plans is accessible to the dependent, that plan shall be selected. If none of the plans with dependent coverage is accessible to the dependent, the IV-D agency shall amend or terminate the notice; (ii) If more than one of the plans is accessible to the dependent, the plan selected shall be the plan for basic coverage for which the employees share of the premium is lowest;

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(iii) If more than one of those plans is accessible to the dependent, but none of the accessible plans is for basic coverage, the plan selected shall be an accessible plan for which the employees share of the premium is the lowest; and (iv) If the employees shares of the premiums are the same, the IV-D agency shall consult the obligee and select a plan. If the obligee does not respond within ten days, the IV-D agency shall select a plan which shall be the plans default option, if any, or the plan with the lowest deductibles and copayment requirements; and (D) If the obligor is not enrolled in a plan or is not enrolled in a plan that offers dependent coverage, and if more than one plan with dependent coverage is offered by the employer, and if the notice is issued by a IV-D child support enforcement agency of another state, that agency shall select the plan as provided in paragraph (8) of this subsection; and (8) Within 40 business days after the date of the notice, the plan administrator shall do all of the following as directed in the notice: (A) Complete the appropriate portion of the notice and return to the person or entity sending the notice; (B) If the dependent is enrolled or is to be enrolled, notify the obligor, the obligee, and the child and furnish the obligee with necessary information including any necessary claim forms or enrollment membership cards necessary to obtain benefits and provide the person or entity sending the notice with the type of health benefit plan under which the dependent has been enrolled, including whether dental, optical, office visits, and prescription drugs are covered services, and with a brief description of the applicable deductibles, coinsurance, waiting period for preexisting medical conditions, and other significant terms or conditions which materially affect the coverage; (C) If more than one plan is available to the obligor and the obligor is not enrolled, forward plan descriptions and documents to the person or entity sending the notice and enroll the dependent, and if necessary the obligor, in the plan selected by the person or entity sending the notice or any default option if the plan administrator has not received a selection from the person or entity sending the notice within 20 business days of the date the plan administrator returned the National Medical Support Notice response to the person or entity sending the notice; (D) If the obligor is subject to a waiting period that expires more than 90 days from the date the plan administrator received the notice or has not completed a waiting period whose duration is determined by a measure other than the passage of time, notify the employer, the person or entity sending the notice, the obligor, and the obligee; and upon satisfaction of the period or requirement, complete the enrollment; (E) Upon completion of the enrollment, notify the employer for a determination of whether the necessary employee share of the premium is available; and (F) If the plan administrator is subject to the federal Employee Retirement Income Security Act, as codified in 29 U.S.C. Section 1169, and the plan administrator determines the notice does not constitute a qualified medical child support order,

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complete and send the response to the person or entity sending the notice and notify the obligor, the obligee, and the child of the specific reason for the determination."
SECTION 7. Said title is further amended by striking Code Section 19-11-28, relating to accident and sickness insurance coverage for children, notice of coverage, authorization of payments of benefits, notice of termination, and immunity from liability of person or entity providing access to coverage, and inserting in its place the following:
"19-11-28. (a) Any person or entity providing access to accident or sickness insurance coverage on behalf of the obligor pursuant to a notice of enrollment shall furnish to the person or entity sending the notice of enrollment the name of the accident and sickness insurance coverage provider, the extent of coverage available, and any necessary claim forms or enrollment membership cards necessary to obtain benefits. (b)(a) The signature of the obligee or an agent of the department shall constitute a valid authorization to any insurer to process benefits and to make payments to a health care provider or the obligee in accordance with any accident and sickness insurance policy. (c)(b) An order of medical support shall operate as an assignment to the support obligee of any right to benefits under a policy of accident and sickness coverage maintained by the obligor insofar as dependent coverage is available. The support obligee shall be subrogated to the rights of the obligor to the extent necessary to pursue any claim against the insurer under such policy. (d)(c) Within ten business days after termination of a policy of accident and sickness insurance established pursuant to Code Section 19-11-27, or the termination of employment of the obligor, the person or entity providing access to such coverage on behalf of a support obligor shall mail a termination notice to the person or entity which initially sent a notice of enrollment or National Medical Support Notice and provide the obligors last known address and, if known, the address of the obligors new employer. (e)(d) Any person or entity providing access to accident and sickness coverage on behalf of a support obligor shall be immune from any civil or criminal liability while complying in good faith with the provisions of this Code section and Code Section 1911-27. (f)(e) Any person or entity acting as a plan fiduciary who makes payment pursuant to this Code section discharges to the extent of any payment the plans obligation."
SECTION 8. Said title is further amended by striking subsection (a) of Code Section 19-11-29, relating to accident and sickness insurance coverage for children, liability, and penalty applicable to person or entity providing access to coverage and insurers, and inserting in its place the following:
"(a) Any person or entity providing access to accident and sickness insurance coverage on behalf of a support obligor in connection with the obligors employment or union shall be liable for a civil penalty not to exceed $1,000.00 per occurrence for willful

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failure to enroll promptly, without regard to enrollment season restrictions, a dependent in an accident and sickness insurance plan under an order of medical support or a notice of enrollment; provided, however, that no liability shall exist where such person or entity acts in accordance with subsection (d) (g) of Code Section 19-11-27."
SECTION 9. Said title is further amended by striking Code Section 19-11-30.1, relating to computer based registry, and inserting in its place the following:
"19-11-30.1. The Department of Administrative Services department shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. Such registry shall be known as the Department of Administrative Services Department of Human Resources Bank Match Registry. The IV-D agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The Department of Administrative Services department is authorized to enter into an agreement with the department establishing establish the procedures and the costs to be paid by the department to the Department of Administrative Services for performing the data searches and for providing the data to the departments IV-D agency."
SECTION 10. Said title is further amended by striking subsections (b), (c), and (d) of Code Section 1911-30.2, relating to definitions and information from financial institutions, and inserting in their places the following:
"(b) The Department of Administrative Services department shall, pursuant to the provisions of subsection (f) of this Code section, request from each financial institution, not more frequently than on a quarterly basis, the name, record address, social security number, and other identifying data for each person listed in such request who maintains an account at such financial institution. The data provided shall be sent to the Department of Administrative Services Human Resources Bank Match Registry. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. The Department of Administrative Services department shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters. (c) The Department of Administrative Services department may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause.

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(d) All requests made by the Department of Administrative Services department pursuant to subsection (b) or (c) of this Code section shall be in machine readable form unless a financial institution expressly requests the department to submit the request in writing. The financial institution shall furnish all such information in machine readable form, which meets criteria established by the Department of Administrative Services department, within 30 days of such request. Each financial institution shall furnish all such information on those persons whose accounts bear a residential address within the state at the time such request is processed by the financial institution."
SECTION 11. Said title is further amended by striking Code Section 19-11-30.3, relating to the responsibility of the Department of Administrative Services Bank Match Registry, and inserting in its place the following:
"19-11-30.3. The Department of Administrative Services Human Resources Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the Department of Human Resources IV-D agency for child support enforcement purposes, and report the matched accounts to the Department of Human Resources in machine readable form. Upon the receipt of such information, the Department of Human Resources department, and where appropriate local contractors, shall seek to verify the accuracy of the information presented."
SECTION 12. Said title is further amended by striking Code Section 19-11-30.5, relating to failure of a financial institution to comply, and inserting in its place the following:
"19-11-30.5. Any financial institution required to submit a report pursuant to Code Section 19-1130.2 which fails without reasonable cause as determined by the Department of Administrative Services department to comply with such reporting requirements and which, after notification by certified mail or statutory overnight delivery by the Department of Administrative Services department, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notification to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notification shall be liable for a penalty of $1,000.00."
SECTION 13. Said title is further amended by striking Code Section 19-11-30.6, relating to reciprocal agreements with other states, and inserting in its place the following:
"19-11-30.6. The commissioner of administrative services human resources, in cooperation with the IV-D agency, shall establish a program of wage and bank information sharing with other states. The commissioner is authorized to enter into reciprocal agreements with

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other states to share lists of absent parents who owe support payments to the IV-D agency. Such reciprocal agreements shall only be made with states which administer programs that the commissioner of administrative services human resources, in consultation with the IV-D agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section 19-11-30.4 shall also apply to any such information received from any other state under a reciprocal agreement."
SECTION 14. Said title is further amended by striking Code Section 19-11-30.7, relating to construction, and inserting in its place the following:
"19-11-30.7. Code Sections 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioners of administrative services and commissioner of human resources of such wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act."
SECTION 15. Said title is further amended by striking Code Section 19-11-30.8, relating to annual reports, and inserting in its place the following:
"19-11-30.8. The commissioner of administrative services human resources shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year."
SECTION 16. Said title is further amended by striking Code Section 19-11-30.9, relating to information subject to disclosure and penalty, and inserting in its place the following:
"19-11-30.9. As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of administrative services human resources under Code Section 19-11-30.2 shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the Department of Administrative Services department; provided, however, that a financial institution may disclose to its depositors or account holders that under the bank match system the Department of Administrative Services department has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the provisions of this Code section, such institution shall pay to the Department of Administrative Services department the lesser of $1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obligation or liability to a depositor or

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account holder or any other person arising from the furnishing of a report or information to the Department of Administrative Services department pursuant to Code Section 19-11-30.2 or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the Department of Administrative Services department or in a report furnished by the financial institution to the Department of Administrative Services department."
SECTION 17. Said title is further amended by striking Code Section 19-11-30.11, relating to a fee on levied accounts, and inserting in its place the following:
"19-11-30.11. A financial institution may charge an account levied on by the commissioner of human resources a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the Department of Human Resources department. The commissioner of administrative services human resources requesting bank or account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237."
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Ehrhart of the 36th et al. move to amend the Committee substitute to HB 1224 by striking "and" on line 1 of page 1 and inserting in lieu thereof the following:
"; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide for direct appeal of certain judgments or orders involving child support awards;".
By inserting between lines 16 and 17 of page 1 the following:
"SECTION A. Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended in subsection (a) of 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, by inserting a new paragraph to read as follows:
'(5.2) All judgments or orders involving an award of child support;'

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SECTION B. Said article is further amended in Code Section 5-6-35, relating to cases requiring application for appeal, contents, filing, and service of application, exhibits, response by opposing party, issuance of appellate court order regarding appeal, procedure, supersedeas, and jurisdiction of appeal, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following: '(2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders, except as otherwise provided by paragraph (5.2) of subsection (a) of Code Section 5-6-34;'".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson N Anderson N Ashe Y Bannister Y Barnard Y Barnes Y Bell N Benfield Y Birdsong Y Black N Boggs N Bordeaux N Borders Y Bridges N Brooks Y Broome Y Brown Y Buck N Buckner Y Bulloch N Bunn Y Burkhalter Y Burmeister N Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B

Y Cox Y Crawford Y Cummings Y Davis N Day N Dean
Deloach, B Y Deloach, G E Dix N Dodson N Drenner N Dukes Y Ehrhart Y Epps Y Everett N Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse
Graves N Greene Y Hammontree N Hanner Y Harbin E Harrell N Heard
Heckstall Y Hembree
Henson Y Hines

Y Hudgens N Hudson, N Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson N Jenkins Y Jennings
Johnson N Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis
Lord N Lucas Y Lunsford Y Maddox N Mangham N Manning Y Massey N McBee Y McCall N McClinton
McKinney Y Millar

Y Mueller Y Muntean Y O'Neal N Orrock
Parham Y Parrish
Parsons E Pelote Y Pinholster
Poag Y Porter Y Powell N Purcell N Ragas N Randall
Ray Y Reece N Reed N Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L N Rogers N Royal
Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan Y Shaw

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V N Smyre E Snelling Y Snow N Squires
Stallings N Stanley N Stanley-Turner
Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J

2626
N Coleman, T E Collins N Connell Y Cooper

JOURNAL OF THE HOUSE

Y Holland N Holmes Y Houston N Howard

E Mills N Mobley Y Morris Y Mosley

Y Sholar N Sims N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 92, nays 60. The amendment was adopted.

Y Williams, R Y Wix Y Yates
Murphy, Speaker

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.

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 Benfield Y Birdsong Y Black Y Boggs 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 Cox Y Crawford Y Cummings Y Davis Y Day Y Dean
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 Gardner Y Golick Y Grasse
Graves Y Greene Y Hammontree Y Hanner

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 Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham

Y Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish
Parsons E Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner
Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L

Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

2627
Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Graves of the 125th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1435. By Representative Connell of the 115th:
A BILL to amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to number of votes required for election, so as to repeal certain provisions regarding municipal candidates in certain cities; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to number of votes required for election, so as to change certain provisions regarding nomination or election to municipal office by plurality vote; to repeal certain provisions regarding municipal candidates in certain cities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

2628

JOURNAL OF THE HOUSE

Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to number of votes required for election, is amended by striking subsections (b) and (e) and inserting in its place new subsections (b) and (e) to read as follows:
"(b) For the purposes of this subsection and notwithstanding the provisions of paragraph (22) of Code Section 21-2-2, the word 'plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office." "(e) In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast. Reserved."
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 N Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs
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
Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Johnson Y Jordan Y Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord

N Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish
Parsons E Pelote
Pinholster Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest

N Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E Collins Y Connell Cooper

TUESDAY, MARCH 26, 2002

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 Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

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

2629
Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 149, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1657. By Representatives Holland of the 157th and Jenkins of the 110th:
A BILL to amend Article 1 of Chapter 3 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions relative to the elements and formation of contracts generally, so as to provide that certain provisions in a contract providing for binding arbitration or consenting to a legal jurisdiction outside of this state shall be void as against the policy of this state; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black

Y Cox N Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B Y Deloach, G E Dix Y Dodson Y Drenner

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 Mueller Y Muntean Y O'Neal Y Orrock
Parham Y Parrish Y Parsons E Pelote Y Pinholster
Poag Y Porter

Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling
Snow Y Squires

2630
Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn N Burkhalter N Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner N Golick Y Grasse Y Graves Y Greene N Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard

Y Johnson Y Jordan Y Joyce E Kaye N Keen Y Knox Y Lane N Lanier Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Massey Y McBee N McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Sholar Y Sims Y Sinkfield Y Skipper

Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 147, nays 12. The Bill, having received the requisite constitutional majority, was passed.

HB 1417. By Representatives Walker of the 141st, Holmes of the 53rd and Hudson of the 120th:
A BILL to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, so as to redefine the terms "department" and "agency" as used in such article and thereby change the applicability of said article; to amend Code Section 5025-5.1 of the Official Code of Georgia Annotated, relating to the chief information officer of the Georgia Technology Authority, so as to change provisions relating to membership of certain authority personnel in the unclassified service of the merit system; and for other purposes.

The following Committee substitute was read and adopted:

TUESDAY, MARCH 26, 2002

2631

A BILL
To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, so as to redefine the terms "department" and "agency" as used in such article and thereby change the applicability of said article; 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 1of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, is amended by striking paragraph (7) of Code Section 4520-2, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(7) 'Department' and 'agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities and public corporations, except that authorities and public corporations may be included for the purpose of assessments to the state merit system pursuant to Code Section 4520-4. 'Department' and 'agency' shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux

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 Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L
James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley

2632
Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Stanley-Turner Y Stephens Y Stokes
Taylor Y Teague Y Teper E Tillman Y Turnquest
Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1585. By Representative Mobley of the 69th:
A BILL to amend Code Section 16-5-100 of the Official Code of Georgia Annotated, relating to cruelty to a person 65 years of age or older, so as to provide for additional acts of harm and better define the exceptions; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-5-100 of the Official Code of Georgia Annotated, relating to cruelty to a person 65 years of age or older, so as to provide for additional acts of harm and better define the exceptions; to add exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 26, 2002

2633

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-5-100 of the Official Code of Georgia Annotated, relating to cruelty to a person 65 years of age or older, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) A guardian or other person supervising the welfare of or having immediate charge or custody of a person who is 65 years of age or older commits the offense of cruelty to a person who is 65 years of age or older when such the person willfully deprives such a person who is 65 years of age or older of health care, shelter, or necessary sustenance to the extent that the health or well-being of such a person who is 65 years of age or older is jeopardized. (b) The provisions of this Code section shall not apply to a physician nor any person acting under his or her direction nor to a hospital, skilled nursing facility, hospice, nor any agent or employee thereof who is in good faith following a course of treatment developed in accordance with accepted medical standards or who is acting in good faith in accordance with a living will as provided in Chapter 32 of Title 31, a durable power of attorney for health care as provided in Chapter 36 of Title 31, or the instructions of the patient or the patients lawful surrogate decision maker. (c) The provisions of this Code section shall not apply to a guardian or other person supervising the welfare of or having immediate charge or control of a person who is 65 years of age or older who in good faith provides treatment by spiritual means alone through prayer for the persons physical or mental condition, in lieu of medical treatment, in accordance with the practices of and written notarized consent of the person."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell

Y Cox Y Crawford Y Cummings Y Davis Y Day Y Dean Y Deloach, B
Deloach, G

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

2634
Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson
Hines Y Holland Y Holmes Y Houston Y Howard

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 Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Pinholster Poag
Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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

E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West
Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following supplemental Rules Calendar was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 26, 2002

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 26, 2002, by adding the following:

TUESDAY, MARCH 26, 2002

2635

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 1222 HR 1283 HR 1319 HR 1322 HR 1348
HR 1373

"Ellis Arnall Highway"; designate Sonny Dixon Interchange; designate "Ronnie Green Parkway"; designate House Arts Education Study Committee; create DeWayne King, USMC, Memorial Bridge; designate; Max Lockwood Highway; designate portion of US 441 Henry P. Russell, Jr., Parkway; designate

DEBATE CALENDAR

HB 501 HB 814 HB 824 HB 967
HB 1172 HB 1255 HB 1338 HB 1512 HB 1562 HB 1613 HB 1669

Sales tax; exempt sales by certain humane societies Voter Choice and Election Access Reform Act of 2001; enact Municipal courts; marijuana possession; summons or citation Unemployment compensation; redefine employment; exempt certain services Parent and child; establishing paternity; legitimation Drivers' licenses; Class D permits; change limitations Forfeiture of contraband property; change certain exemption provisions County Building Authorities Act; enact; certain counties Abandoned motor vehicles; removal of vehicles; time Off-road vehicles; operation on unpaved highways; provisions Local governments; state grants to subrecipients; certification

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 Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1669. By Representatives Henson of the 65th, Coleman of the 142nd, Walker of the 141st, Royal of the 164th, Ashe of the 46th and others:
A BILL to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to

2636

JOURNAL OF THE HOUSE
change certain provisions relating to grant certification; to provide for definitions; to provide for procedures, conditions, and limitations; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions relating to grant certification; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for duties and responsibilities; 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 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-8.1, relating to grant certification, and inserting in its place a new Code Section 36-81-8.1 to read as follows:
"36-81-8.1. (a) As used in this Code section, the term 'subrecipient' means an entity that receives a grant of state funds from the Governors emergency fund or from a special project appropriation through a contract with a local government. (b) On and after January 1, 1999, each Each grant of state funds to a recipient local government from the Governors emergency fund or from a special project appropriation in an amount greater than $50,000.00 shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. The form shall be designed by the state auditor and shall be distributed with each covered grant as required by this Code section. The grant certification form shall require the certification by the recipient local government and by the local government auditor or the chief financial officer of the local government that the grant funds were used solely for the express purpose or purposes for which the grant was made. Such form shall be filed with the state auditor in conjunction with the annual audit required under Code Section 36-81-7 for each year in which such grant funds are expended or remain unexpended by the local government. For grant funds to subrecipients, the certification by the local government auditor or the chief financial officer of the local government required by this subsection may also be made by an in-house or internal auditor of the local government who meets the education requirements contained in subparagraph (a)(3)(A) of Code Section 43-3-6. The cost of performing any audit required by this subsection

TUESDAY, MARCH 26, 2002

2637

shall be an eligible expense of the grant. However, the amount charged shall not exceed 1 percent of the amount of the grant or $500.00 per required audit, whichever is less. The local government to whom the grant is made may deduct the cost of any such audit from the funds disbursed to the subrecipient. (c) Where the grant of state funds is for $50,000.00 or less, the grant shall be conditioned upon receipt by the state auditor of a properly completed grant certification form as required by subsection (b) of this Code section except that only the local government shall certify that the grant funds were used solely for the express purpose or purposes for which the grant was made. Where the grant is to a subrecipient, the grant shall be conditioned upon receipt by the local government of a notarized affidavit executed by the executive director, president, chairperson, chief executive officer, or other responsible party representing the subrecipient, by whatever name or title, to whom the grant funds are disbursed. The affidavit shall certify under oath that the funds were used solely for the express purpose or purposes for which the grant was made. Such affidavit shall be made on a form designed by the state auditor and shall be distributed with each covered grant as required by this Code section. (d) The failure to comply with the requirements of this Code section shall result in a forfeiture of such a state grant and the return to the state of any such grant funds which have been received by the local government. In the case of a state grant awarded to a subrecipient, the subrecipient shall be responsible for the return to the state of any such grant funds if it is determined that the funds were not used for the express purpose or purposes for which the grant was made. A grant recipient or subrecipient shall be ineligible to receive funds from the Governors emergency fund or from a special project appropriation until all unallowed expenditures are returned to the state, except that a recipient local government shall not be ineligible for such funds where a subrecipient has not used funds it received for the express purpose or purposes for which the grant was made. (e) No subrecipient shall be considered an agent of the local government or be indemnified or held harmless by the local government for any negligence, misfeasance, or malfeasance of the subrecipient, and a recipient local government shall not be liable for any expenditure of state grant funds by a subrecipient."
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.

2638

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Amerson
Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders
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 E Coleman, B Y Coleman, T E Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
Day Y Dean Y Deloach, B
Deloach, G E Dix Y Dodson Y Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster N Franklin Y Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall 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 Johnson Y Jordan N Joyce E Kaye Y Keen Knox Y Lane Y Lanier Y Lewis Lord Y Lucas Y Lunsford Maddox Y Mangham Y Manning Y Massey McBee McCall Y McClinton McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Muntean
Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote N Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert N Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B E Smith, C Y Smith, C.W
Smith, L Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 136, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1295. By Representatives Morris of the 155th, Lane of the 146th, Amerson of the 7th, Coleman of the 142nd, Scheid of the 17th and others:

TUESDAY, MARCH 26, 2002

2639

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 a special license plate supporting the National Rifle Association; 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 Y Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Y Black Y Boggs 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 E Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

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
Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree
Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland
Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
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 Manning Y Massey
McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 E Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman
Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 150, nays 0.

2640

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.

HB 1338. By Representatives Boggs of the 168th, Bordeaux of the 151st, Reichert of the 126th, Walker of the 141st, Jenkins of the 110th and others:
A BILL to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeiture of certain contraband property, so as to change certain provisions relating to exemptions; 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 Benfield Y Birdsong Y Black Y Boggs 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 E Coleman, B Y Coleman, T E 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 Gardner Y Golick Y Grasse Y Graves Y Greene
Hammontree Hanner Y Harbin E Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y 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 N Maddox Y Mangham Y Manning Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 N Sinkfield Y Skipper

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre E Snelling Y Snow Y Squires Y Stallings N Stanley N Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman
Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Speaker

TUESDAY, MARCH 26, 2002

2641

On the passage of the Bill, the ayes were 146, nays 5. The Bill, having received the requisite constitutional majority, was passed.
Representative Rogers of the 20th 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 1222. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th: A RESOLUTION designating the "Ellis Arnall Highway"; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1283. By Representatives Stephens of the 150th, Day of the 153rd, Skipper of the 137th, Walker of the 141st and Hanner of the 159th: A RESOLUTION designating the Sonny Dixon Interchange; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1319. By Representative Rogers of the 20th: A RESOLUTION designating the "Ronnie Green Parkway"; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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JOURNAL OF THE HOUSE

HR 1322. By Representatives Jamieson of the 22nd, Smith of the 12th and Cummings of the 27th:
A RESOLUTION creating the House Arts Education Study Committee; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1348. By Representative Sims of the 167th:
A RESOLUTION designating the DeWayne King, USMC, Memorial Bridge and designating U.S. 441 in the unincorporated areas of Coffee County as the Max Lockwood Highway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1373. By Representative Bulloch of the 180th:
A RESOLUTION commending Henry P. Russell, Jr., and designating the Henry P. Russell, Jr., 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 vote was made applicable to the previously read Resolutions.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Bell

Y Cox Y Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Jackson, B Y Jackson, L Y James

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre

Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

TUESDAY, MARCH 26, 2002

E Dix Y Dodson Y Drenner Y Dukes
Ehrhart Y Epps Y Everett Y Floyd Y Forster
Franklin Y Gardner Y Golick Y Grasse 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 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Pinholster Poag
Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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

2643
E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolutions, the ayes were 154, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

HR 986. By Representatives Drenner of the 66th, Broome of the 160th, McCall of the 90th, Benfield of the 67th, Ashe of the 46th and others:
A RESOLUTION creating the House Study Committee on the Development of Sustainable Energy in Georgia; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1327. By Representative Connell of the 115th: A RESOLUTION designating the Technology Corridor and providing for

2644

JOURNAL OF THE HOUSE
certain authority and duty of the Department of Transportation; and for other purposes.

The following amendment was read and adopted:

Representative Byrd et al. move to amend HR 1327 by striking line 1 on page 1 and inserting in lieu thereof the following:
"Designating the Technology Corridor and Georgias High Tech Corridor and providing for certain authority and duty of the".
By inserting between lines 15 and 16 on page 1 the following:
"BE IT FURTHER RESOLVED that the portion of U. S. Highway 441 from the corporate limits of the City of Dublin to the point at which it connects with U. S. Highway 341 and from the portion of U. S. Highway 341 from the corporate limits of the City of Perry to the corporate limits of the City of Brunswick is designated as Georgias High Tech Corridor."

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.

By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

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 Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan Y Joyce

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster
Poag Y Porter Y Powell Y Purcell Y Ragas

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner

Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Everett Y Floyd
Forster Franklin Y Gardner Y Golick Y Grasse 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

E Kaye Y Keen
Knox Y Lane
Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Randall Y Ray Y Reece Y Reed 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

2645
Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolutions, the ayes were 155, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

HB 1526. By Representatives Smith of the 169th and Shaw of the 176th:
A BILL to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes Y Bell

N Cox Crawford
Y Cummings N Davis N Day
Dean Y Deloach, B Y Deloach, G

N Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin N Jackson, B Y Jackson, L Y James

N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons E Pelote

N Smith, B E Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre

2646
Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway
Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins Y Connell
Cooper

JOURNAL OF THE HOUSE

E Dix Y Dodson Y Drenner
Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner Y Golick N Grasse N Graves Y Greene N Hammontree Y Hanner N Harbin E Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston Y Howard

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 Y Lunsford Y Maddox Y Mangham N Manning N Massey Y McBee Y McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

Y Pinholster Poag
Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders
Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman E Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 97, nays 58. The Bill, having received the requisite constitutional majority, was passed.

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.

The following substitute, offered by Representatives Smyre of the 136th, Coleman of the 142nd and Skipper of the 137th, was read and adopted:

A BILL

TUESDAY, MARCH 26, 2002

2647

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; to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of the federal Job Creation and Worker Assistance Act of 2002 (P.L. 107147), 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 states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903(d) of the Social Security Act, as amended, exclusively for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the 'Employment Security Law,' as amended, including administration of the unemployment compensation law and public employment offices, and for personal services, operating and other expenses incurred in the administration of said law and offices, as well as for the procurement and development of resources to enhance work force development and support work force information service delivery, including technology resources and equipment to support employment and reemployment; training, technical assistance, and work force system skills development of staff who deliver work force information services; data, reports, and studies; and procurement, through purchase or rental, of offices, lands, buildings or parts of buildings, fixtures, furnishings, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to definition of employment, is amended by striking paragraphs (15) and (16) of subsection (n) and inserting in lieu thereof the following:
"(15) If the services performed during one-half or more of any pay period by an employee for the employing unit employing him or her constitute employment, all the services of such employee for such period shall be deemed to be employment; but, if the services performed during more than one-half of any such pay period by an

2648

JOURNAL OF THE HOUSE

employee for the employing unit employing him or her do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment. As used in this Code section, the term "pay period" means a period of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the employee by the employing unit employing him or her. This Code section shall not be applicable with respect to services performed in a pay period by an employee for the employing unit employing him or her where any of such service is excepted by paragraph (5) of this subsection; or (16) Services performed by an independent contract carrier for an employer who is a publisher or distributor of printed materials by an individual, firm, or corporation in transporting, assembling, delivering, or distributing printed materials and in maintaining any facilities or equipment incidental thereto, provided that:
(A) The independent contract carrier has with the employer a written contract as an independent contractor; (B) Remuneration for the independent contract carrier is on the basis of the number of deliveries accomplished; (C) With exception to providing the area or route which an independent contract carrier may or may not service, or providing materials or direction for the packaging or assembly of printed materials, the employer exercises no general control regarding the method of transporting, assembling, delivering, or distributing the printed materials; and (D) The contract entered by the independent contract carrier for such services does not prohibit it from the transportation, delivery, assembly, or distribution of printed materials for more than one employer. Provided, however, that the exclusion provided in this paragraph shall not apply to any such employment on behalf of an employing unit defined in subsection (h) or (i) of this Code section; or (17) Services performed by an individual who is employed by corporation which such individual wholly owns and which employs no other individuals."
SECTION 2. There is appropriated to the Department of Labor out of funds credited to and held in this states account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with the provisions of the Job Creation and Worker Assistance Act of 2000 (P.L. 107-147) and Section 903(d) of the Social Security Act, as amended, an additional amount of $750,235.00 for administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, as amended, including administration of the unemployment compensation law and public employment offices, including procurement and development of resources to enhance work force development and support work force information service delivery, technology resources and equipment to support employment and reemployment, work force staff training, data, reports, studies, and procurement of offices, lands, buildings or parts of buildings, fixtures, furnishings, supplies, and construction of buildings. The amount hereby appropriated shall not exceed

TUESDAY, MARCH 26, 2002

2649

the amount in the Unemployment Trust Fund which may be obligated for expenditure as provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and the amount which may be obligated shall not exceed limitations provided in Code Section 34-8-85. Paragraph (2) of Code Section 34-8-85 of the Official Code of Georgia Annotated notwithstanding, said additional amount shall be expended pursuant to and in accordance with Section 903(d) of the Social Security Act, as amended. The amount hereby appropriated shall be accounted for as required by the U.S. Secretary of Labor.
SECTION 3. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903(d) of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as the Commissioner finds to be economical and desirable, such money as authorized in this Act and in Code Section 348-81 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, and, in the manner and for the purposes authorized in this Act, including administration of the unemployment compensation law and public employment offices, and for personal services and operating and other expenses incurred in the administration of said law and offices, as well as for the procurement and development of resources to enhance work force development and support work force information service delivery, including technology resources and equipment to support employment and reemployment; training, technical assistance, and work force system skills development of staff who deliver work force information services; data, reports, and studies; and procurement, through purchase or rental, of offices, lands, buildings or parts of buildings, fixtures, furnishings, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this states applicable laws existing on the effective date of this Act.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

2650

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Burmeister Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins Y Connell Y Cooper

Y Cox Crawford
Y Cummings N 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 N Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan N Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller N Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice
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 E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L N Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tem assumed the Chair.

TUESDAY, MARCH 26, 2002

2651

HB 1505. By Representative Murphy of the 18th:
A BILL to amend Article 3 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to claims against and disposition of county fine and forfeiture funds, so as to provide for the use of a certain portion of the surplus from the fine and forfeiture fund for purposes of legal defense of indigents; 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 Benfield Y Birdsong Y Black Y Boggs 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 E Collins
Connell Y Cooper

Y Cox Y Crawford Y Cummings
Davis 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 Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Hanner Y Harbin E Harrell Y Heard Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y 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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates Y Murphy, Speaker

2652

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
HB 1613. By Representatives Twiggs of the 8th, Parham of the 122nd and Poag of the 6th:
A BILL to provide for operation of off-road vehicles on certain unpaved highways and insurance, registration, titling, and equipment requirements, related thereto; to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, so as to redefine a term; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To provide for operation of off-road vehicles on certain unpaved highways and insurance, registration, titling, and equipment requirements related thereto; to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, so as to redefine a term; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to change certain provisions relating to operating restrictions for off-road vehicles; to change certain provisions relating to authority to regulate time periods and to establish zones of use of off-road vehicles; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, is amended by striking paragraph (2) and inserting in lieu thereof the following:
"(2) 'Motor vehicle' means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power or any off-road vehicle used on unpaved highways to any extent permitted by Chapter 7 of Title 40. The term includes a trailer drawn by or attached to such a vehicle."
SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of subsection (a) of Code Section 40-2-20, relating to registration and license requirements and penalties, and inserting in lieu thereof the following:
"(a)(1) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle designed for use on public highways, including a tractor, or motorcycle, and every owner of a trailer, or off-road vehicle used on unpaved highways to any extent permitted by Chapter 7 of this title shall, except as provided in paragraph (3) of this subsection, during the owners registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such persons next registration period. The purchaser or other transferee owner of every such new or used motor vehicle, including tractors and motorcycles tractor, or trailer, or off-road vehicle shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such persons next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary

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transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, and inserting in lieu thereof the following:
"(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle designed for use on highways which was not manufactured to comply with applicable federal emission and safety standards applicable to new motor vehicles as required by issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 40-3-30, relating to requirement of compliance with federal safety standards, and inserting in lieu thereof the following:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle designed for use on highways which was not manufactured to comply with applicable federal motor vehicle safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 5. Said title is further amended by striking Code Section 40-7-4, relating to operating restrictions for off-road vehicles, and inserting in lieu thereof the following:

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"40-7-4. Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:
(1) Without operative brakes or without mufflers or other silencing equipment; (2) On any private property without the express written permission of the owner of the property or his or her agent.; (3) On any unpaved highway unless such use is permitted as provided by Code Section 40-7-5; or (4) On any paved highway except when directly crossing the same at its intersection with an unpaved highway on which use of such off-road vehicle is permitted under paragraph (3) of this Code section."
SECTION 6. Said title is further amended by striking Code Section 40-7-5, relating to authority to regulate time periods and to establish zones of use of off-road vehicles, and inserting in lieu thereof the following:
"40-7-5. (a)(1) Incorporated towns and municipalities Municipalities and counties shall have the authority to adopt ordinances consistent with state laws or regulations to regulate time periods and zones of off-road use for off-road vehicles. (2) Counties may, by ordinance, permit the daytime use of off-road vehicles on unpaved highways which are part of their respective county road systems and have a maximum speed limit not exceeding 45 miles per hour. Any such vehicle shall be required to meet the same equipment requirements as those which are applicable to motorcycles under Chapter 8 of this title. Persons operating off-road vehicles on unpaved highways shall be subject to the same requirements as are applicable to operators of motorcycles under Chapter 6 of this title.
(b) Agencies of state government shall have the authority to adopt rules and regulations to regulate time periods and zones for use for off-road vehicles on property under their jurisdiction or management."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Twiggs of the 8th, was read and adopted:

A BILL To provide for operation of certain all-terrain vehicles on highways and insurance,

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registration, titling, and equipment requirements related thereto; to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, so as to redefine a term; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles; to change certain provisions relating to requirement of compliance with federal safety standards; to change certain provisions relating to operating restrictions for off-road vehicles; to change certain provisions relating to authority to regulate time periods and to establish zones of use of off-road vehicles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions relative to motor vehicle accident reparations, is amended by striking paragraph (2) and inserting in lieu thereof the following:
"(2) 'Motor vehicle' means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power or any all-terrain vehicle used for nonagricultural purposes on unpaved highways to any extent permitted by Chapter 7 of Title 40. The term includes a trailer drawn by or attached to such a vehicle."
SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsections (a) and (b) of Code Section 40-2-20, relating to registration and license requirements and penalties, and inserting in lieu thereof the following:
"(a)(1)(A) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including without limitation a tractor, or motorcycle, or allterrain vehicle used for nonagricultural purposes on unpaved highways to any extent permitted by Chapter 7 of this title, and every owner of a trailer shall, during the owners registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such persons next registration period.
(B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles without limitation a tractor, motorcycle, or all-terrain vehicle used for nonagricultural purposes on unpaved highways to any extent permitted by Chapter 7 of this title, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in

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this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such persons next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent to a purchaser or other transferee owner if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation. (2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owners name, has been applied for in the owners name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle all-terrain vehicle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of

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Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, and inserting in lieu thereof the following:
"(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with applicable federal emission and safety standards applicable to new motor vehicles as required by issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation; provided, however, that such requirements shall not apply to any all-terrain vehicle intended to be used for nonagricultural purposes on unpaved highways to any extent permitted by Chapter 7 of this title."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 40-3-30, relating to requirement of compliance with federal safety standards, and inserting in lieu thereof the following:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with applicable federal motor vehicle safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has

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2659

certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation; provided, however, that such requirement shall not apply to any all-terrain vehicle intended to be used for nonagricultural purposes on unpaved highways to any extent permitted by Chapter 7 of this title."
SECTION 5. Said title is further amended by striking Code Section 40-7-4, relating to operating restrictions for off-road vehicles, and inserting in lieu thereof the following:
"40-7-4. Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:
(1) Without operative brakes or without mufflers or other silencing equipment; (2) On any private property without the express written permission of the owner of the property or his or her agent; or (3) On any highway unless such use is authorized as provided by Code Section 40-75 or any other provision of this title."
SECTION 6. Said title is further amended by striking Code Section 40-7-5, relating to authority to regulate time periods and to establish zones of use of off-road vehicles, and inserting in lieu thereof the following:
"40-7-5. (a)(1) Incorporated towns and municipalities Municipalities and counties shall have the authority to adopt ordinances consistent with state laws or regulations to regulate time periods and zones of off-road use for off-road vehicles. (2) (A) Counties may, by ordinance, authorize the daytime use of all-terrain vehicles for nonagricultural purposes on: (i) Unpaved highways which are part of their respective county road systems and have a maximum speed limit not exceeding 45 miles per hour; and (ii) Any paved highway for the purpose of directly crossing the same at its intersection with an unpaved highway on which use of all-terrain vehicles is authorized under this subparagraph. Any such all-terrain vehicle shall be required to meet the same equipment requirements as those which are applicable to motorcycles under Chapter 8 of this title. Persons operating all-terrain vehicles on unpaved highways shall be subject to the same requirements as are applicable to operators of motorcycles under Chapter 6 of this title. (B) All-terrain vehicles used only for agricultural purposes may be operated on highways and shall not be subject to the provisions of subparagraph (A) of this paragraph.

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(b) Agencies of state government shall have the authority to adopt rules and regulations to regulate time periods and zones for use for off-road vehicles on property under their jurisdiction or management."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Bell N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter Y Burmeister Y Byrd Y Callaway N Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E Collins Y Connell N Cooper

Y Cox N Crawford Y Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner Y Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse 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 E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims
Sinkfield Y Skipper

Y Smith, B E Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley
Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague N Teper E Tillman Y Turnquest
Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles
Wilkinson N Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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On the passage of the Bill, by substitute, the ayes were 141, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1172. By Representatives Lucas of the 124th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th and Sinkfield of the 57th:
A BILL to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to legitimize a child whose parent has established paternity; to provide for a father to legitimate his child by establishing paternity; to limit the issues in a paternity action; to provide for custody of a child during the pendency of a paternity petition; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of child, notice to mother, court order, effect, and intervention by father, so as to provide for a father to legitimate his child by establishing paternity; to provide where petitions of legitimation shall be filed and served; to address the issues of custody and visitation in a legitimation action; to provide for custody of a child during the pendency of a paternity petition; 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 19-7-22 of the Official Code of Georgia Annotated, relating to petition for legitimation of child, notice to mother, court order, effect, and intervention by father, and inserting in its place the following:
"19-7-22. (a) A Except as provided in subsection (b) of this Code section, a father of a child born out of wedlock may render the same his relationship with the child legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child.

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(b) If the petition also seeks visitation or custody rights, the father shall file the petition in the county of the residence of the childs mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the state or cannot, after due diligence, be found within the state, the petition may be filed in the county of the fathers residence or the county of the childs residence. (b) (c) The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (c) (d) Upon the presentation and filing of the petition, the court may pass an order declaring the fathers relationship with the child to be legitimate, and to be capable of inheriting from the father that the father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. (d) (e) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending. (e) (f) Except as provided by subsection (f) (g) of this Code section, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mothers obligation of support and the needs of the child as provided under Code Section 19-6-15. (f) (g) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred from juvenile court to superior court for such jury trial. (h) The petition for legitimation may also include claims for visitation or custody. If such claims are raised in the legitimation action, the court may order, in addition to legitimation, visitation or custody based on the best interests of the child standard. In a case involving allegations of family violence, the provisions of paragraph (2) of subsection (a) of Code Section 19-9-1 shall also apply. (g) (i) Consistent with the purpose of subsection (a) of this Code section, and subject to the limitations provided in Code Section 19-11-8, whenever the Department of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the father may intervene to petition for the legitimation of the child born out of wedlock if the mother of the child consents to the filing of such legitimation petition. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child.

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(j) Custody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Bell Y Benfield
Birdsong Black Y Boggs 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 E 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 Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, N Y Hudson, S Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Johnson Y Jordan
Joyce E Kaye Y Keen Y Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan
Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson
Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

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On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1512. By Representatives Reed of the 52nd, Stanley of the 50th, Stanley of the 49th, Brooks of the 54th and Ashe of the 46th:
A BILL to create County Building Authorities in certain counties; to provide a short title for this Act; to provide for the creation of County Building Authorities as instrumentalities of the state, and to provide for powers and composition; and for other purposes.

Representative Burkhalter of the 41st moved that HB 1512 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Allen Y Amerson
Anderson N Ashe Y Bannister Y Barnard Y Barnes N Bell N Benfield Y Birdsong Y Black Y Boggs 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 N Childers Y Coan

Y Cox Y Crawford N Cummings Y Davis Y Day N Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett Y Floyd Y Forster Y Franklin N Gardner Y Golick Y Grasse Y Graves N Greene Y Hammontree Y Hanner Y Harbin E Harrell N Heard
Heckstall Y Hembree N Henson

Y Hudgens Y Hudson, N Y Hudson, S N Hugley Y Irvin Y Jackson, B N Jackson, L Y James Y Jamieson N Jenkins Y Jennings Y 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 Y Manning Y Massey N McBee Y McCall N McClinton
McKinney

Y Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag Y Porter Y Powell N Purcell N Ragas N Randall
Ray Reece N Reed 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

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre E Snelling Y Snow Y Squires N Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor
Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard

E Coleman, B N Coleman, T E Collins Y Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Hines N Holland N Holmes N Houston Y Howard

Y Millar E Mills N Mobley N Morris N Mosley

Y Shaw N Sholar N Sims N Sinkfield N Skipper

On the motion, the ayes were 94, nays 65. The motion prevailed.

2665
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

Representative Wix of the 33rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 501. By Representatives Mueller of the 152nd, Bohannon of the 139th, Campbell of the 42nd, Callaway of the 81st, Hines of the 38th and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales by certain nonprofit humane societies for animals; and for other purposes.

The 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 134, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 814. By Representative Benfield of the 67th:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for state-wide and congressional offices; to provide a short title; to provide for legislative intent; to change the provisions relating to procedures for qualification of candidates generally; and for other purposes.

Representative Smyre of the 136th moved the previous question.

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On the motion, the roll call was ordered and the vote was as follows:

Y Allen N Amerson
Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins Y Connell N Cooper

N Cox Y Crawford Y Cummings Y Davis N Day
Dean N Deloach, B N Deloach, G E Dix Y Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner
Golick N Grasse N Graves Y Greene N Hammontree Y Hanner
Harbin E Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes
Houston 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 E Kaye N Keen N Knox Y Lane N Lanier N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning N Massey Y McBee Y McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

N Mueller N Muntean N O'Neal Y Orrock
Parham Y Parrish N Parsons E Pelote N Pinholster Y Poag
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert N Rice N Richardson N Roberts, D Y Roberts, L
Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

N Smith, B E Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre E Snelling Y Snow Y Squires
Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman E Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the motion, the ayes were 87, nays 64. The motion prevailed.

Representative Williams of the 83rd moved that HB 814 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson

Y Cox Y Crawford

Y Hudgens N Hudson, N

Y Mueller Y Muntean

Y Smith, B E Smith, C

Anderson N Ashe Y Bannister Y Barnard
Barnes N Bell N Benfield N Birdsong Y Black Y Boggs N Bordeaux Y 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 N Childers Y Coan E Coleman, B N Coleman, T E Collins N Connell Y Cooper

TUESDAY, MARCH 26, 2002

N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner N Dukes Y Ehrhart N Epps Y Everett N Floyd Y Forster Y Franklin N Gardner
Golick Y Grasse Y Graves N Greene Y Hammontree N Hanner
Harbin E Harrell N Heard
Heckstall Y Hembree N Henson Y Hines N Holland N Holmes N Houston
Howard

E Hudson, S N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Johnson N Jordan Y Joyce E Kaye Y Keen Y Knox
Lane Y Lanier Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning Y Massey N McBee Y McCall N McClinton
McKinney Y Millar E Mills N Mobley
Morris N Mosley

Y O'Neal N Orrock
Parham Y Parrish Y Parsons E Pelote Y Pinholster N Poag
Porter Powell N Purcell N Ragas N Randall N Ray Y Reece N Reed Y Reichert Y Rice Y Richardson Y Roberts, D N Roberts, L Rogers N Royal Sailor Y Sanders Y Scheid Y Scott N Seay N Shanahan Y Shaw N Sholar N Sims N Sinkfield N Skipper

On the motion, the ayes were 78, nays 72. The motion prevailed.

2667
Y Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre E Snelling Y Snow N Squires
Stallings N Stanley N Stanley-Turner Y Stephens N Stokes N Taylor N Teague N Teper E Tillman N Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L N Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

Representative Benfield of the 67th moved that HB 814 be taken from the table.

On the motion, the roll call was ordered and the vote was as follows:

N Allen N Amerson
Anderson Y Ashe N Bannister N Barnard N Barnes Y Bell

N Cox N Crawford Y Cummings N Davis N Day
Dean N Deloach, B N Deloach, G

N Hudgens Y Hudson, N E Hudson, S Y Hugley Y Irvin N Jackson, B N Jackson, L Y James

N Mueller N Muntean N O'Neal Y Orrock
Parham N Parrish N Parsons E Pelote

N Smith, B E Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre

2668
Y Benfield N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges Y Brooks Y Broome N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash N Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins Y Connell N Cooper

JOURNAL OF THE HOUSE

E Dix N Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner
Golick N Grasse
Graves Y Greene N Hammontree Y Hanner
Harbin E Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes N Houston
Howard

N Jamieson Y Jenkins N Jennings Y Johnson Y Jordan N Joyce E Kaye N Keen N Knox Y Lane N Lanier N Lewis N Lord Y Lucas N Lunsford N Maddox Y Mangham N Manning N Massey Y McBee N McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

N Pinholster N Poag
Porter Y Powell N Purcell Y Ragas Y Randall N Ray N Reece Y Reed N Reichert N Rice N Richardson N Roberts, D Y Roberts, L N Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the motion, the ayes were 66, nays 89. The motion failed.

E Snelling N Snow N Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman E Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

HR 789. By Representatives Barnes of the 97th, Wix of the 33rd, Murphy of the 18th, Walker of the 141st, Buckner of the 95th and others:
A RESOLUTION urging the board of regents to adopt a policy allowing paraprofessionals pursuing teaching degrees to substitute their past teaching experience for student teaching otherwise required for a degree; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Collins Y Connell Y Cooper

TUESDAY, MARCH 26, 2002

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 Gardner
Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner
Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines Y Holland Y Holmes Y Houston
Howard

Y Hudgens Y Hudson, N 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 E Kaye Y Keen Y Knox Y Lane Y Lanier
Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley
Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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

2669
Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1493. By Representatives Yates of the 106th and Jamieson of the 22nd:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require the promulgation of rules and regulations to regulate in the public interest contracts and purchases involving the aggregate sum of $5,000.00 or more on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require bidding, award to the

2670

JOURNAL OF THE HOUSE
lowest bidder, and monitoring of compliance with the contract or bid; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require the promulgation of rules and regulations to regulate in the public interest contracts and purchases involving the aggregate sum of $5,000.00 or more on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require bidding, limitation of consideration to bids meeting specifications, award to the lowest responsible bidder, and monitoring of compliance with the contract or bid; to require a standard or formula for determining the price in certain circumstances; to provide that such rules and regulations shall authorize examination or audit in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Sections 20-2-500, relating to rules and regulations for contracts or purchases, and 20-2-501, relating to contracts not in compliance with rules and regulations, and inserting in lieu thereof the following:
"20-2-500. The State Board of Education is authorized to shall promulgate rules and regulations to regulate in the public interest contracts or purchases which involve the aggregate sum of $100.00 $5,000.00 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds. Such rules and regulations shall require a fair and impartial bidding process, consideration limited to bids that meet the specifications set out in the request for bids, award of contracts or purchases to the lowest responsible bidder, and monitoring of vendor compliance with the contract or bid by employees of the local board of education or other purchasing entity. Such rules and regulations shall require that a contract or bid for items to be supplied periodically at variable prices shall state clearly a standard or formula for determining such prices. Such rules and regulations shall authorize an examination and audit by the Department of Education of any contract or purchase which is funded in whole or in part by state moneys.

TUESDAY, MARCH 26, 2002

2671

20-2-501. No person shall enter into any contract or make any purchase which involves the aggregate sum of $100.00 $5,000.00 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds unless such person has complied, prior to entering into such contract or purchase, with such rules and regulations as promulgated by the State Board of Education for making purchases for the students in such schools."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Jamieson of the 22nd, Yates of the 106th and Jenkins of the 110th 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 require the promulgation of rules and regulations to regulate in the public interest certain contracts and purchases on behalf of students in public elementary and secondary schools; to provide for the contents of such rules and regulations; to require bidding, limitation of consideration to bids meeting specifications, award to the lowest responsible bidder, and monitoring of compliance with the contract or bid; to require a standard or formula for determining the price in certain circumstances; to provide that such rules and regulations shall authorize examination or audit in certain circumstances; to provide for an exception to the prohibition against sales to a county school board by a member; 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 Sections 20-2-500, relating to rules and regulations for contracts or purchases, and 20-2-501, relating to contracts not in compliance with rules and regulations, and inserting in lieu thereof the following:
"20-2-500. The State Board of Education is authorized to shall promulgate rules and regulations to regulate in the public interest contracts for the purchase of goods or purchases of goods which involve the aggregate sum of $100.00 $5,000.00 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds. Such rules and regulations shall require a fair and impartial bidding

2672

JOURNAL OF THE HOUSE

process, consideration limited to bids that meet the specifications set out in the request for bids, award of contracts or purchases to the lowest responsible bidder, and monitoring of vendor compliance with the contract or bid by employees of the local board of education or other purchasing entity. Such rules and regulations shall require that a contract or bid for items to be supplied periodically at variable prices shall state clearly a standard or formula for determining such prices. Such rules and regulations shall authorize an examination and audit by the Department of Education of any contract for the purchase of goods or purchase of goods which is funded in whole or in part by state moneys.
20-2-501. No person shall enter into any contract for the purchase of goods or make any purchase of goods which involves the aggregate sum of $100.00 $5,000.00 or more for or on behalf of students of any public elementary or secondary school supported in whole or in part from public funds unless such person has complied, prior to entering into such contract or purchase, with such rules and regulations as promulgated by the State Board of Education for making purchases for the students in such schools."
SECTION 2. Said chapter is further amended by striking Code Section 20-2-505, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, and inserting in lieu thereof the following:
"20-2-505. (a) No member of any county board of education in this state shall sell to any county board any supplies or equipment used, consumed, or necessary in the operation of any public school in this state. (b) Any member of any county board violating subsection (a) of this Code section shall be guilty of a misdemeanor. (c) This Code section shall not apply to purchases of supplies or equipment that do not exceed $5,000.00 if there are fewer than three sources for such supplies or equipment within the county."
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:

TUESDAY, MARCH 26, 2002

2673

Y Allen Y Amerson
Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs 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 E Collins Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis
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 Gardner Golick Y Grasse 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 Howard

Y Hudgens Y Hudson, N E 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 Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish
Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed 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 Sholar Y Sims Y Sinkfield Y Skipper

Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 627. By Representative Bannister of the 77th:
A BILL to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to an election as to coverage, required coverage under the Georgia Legislative Retirement System, state contributions, and the preservation of rights and privileges, so as to change the date for an election of membership; and for other purposes.

2674

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Buckner Y Bulloch Y Bunn Y Burkhalter Y Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B Y Coleman, T E 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 Y Floyd Y Forster Y Franklin Y Gardner
Golick Y Grasse 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
Howard

Y Hudgens Y Hudson, N 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 E Kaye Y Keen
Knox Y Lane Y Lanier Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice
Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders Y Scheid Y Scott
Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper

Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens N Stokes Y Taylor
Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 147, nays 1. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 26, 2002

2675

HB 824. By Representatives Lunsford of the 109th, Cash of the 108th, Jenkins of the 110th, Sanders of the 107th, Keen of the 174th and others:
A BILL to amend Code Section 36-32-6, of the Official Code of Georgia Annotated, relating to jurisdiction in marijuana possession cases, so as to authorize prosecution via a summons or citation, without an accusation; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, so as to authorize prosecution via a uniform traffic citation, summons, or citation without an accusation in cases where a person is charged with marijuana possession, operating a motor vehicle without effective insurance or emission inspection, shoplifting, underage possession of alcoholic beverages, or criminal trespass; 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 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, is amended in Code Section 36-32-6, relating to jurisdiction in marijuana possession cases, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The municipal court of any municipality is granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. These cases may be tried upon a uniform traffic citation, summons, or citation without an accusation. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases."
SECTION 2. Said article is further amended in Code Section 36-32-7, relating to jurisdiction in cases of operating motor vehicles without effective insurance, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The municipal court of each municipality is granted jurisdiction to try and dispose of cases where a person is charged with a misdemeanor under Code Section 40-6-10 of

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JOURNAL OF THE HOUSE

knowingly operating or knowingly authorizing the operation of a motor vehicle without effective insurance of such vehicle or without an approved plan of self-insurance as required by Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' if the offense occurred within the corporate limits of such municipality. These cases may be tried upon a uniform traffic citation, summons, or citation without an accusation. The jurisdiction of each such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases."
SECTION 3. Said article is further amended in Code Section 36-32-8, relating to jurisdiction in cases of operating motor vehicles without certificate of emission inspection, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The municipal court of each municipality of each county required to comply with Article 2 of Chapter 9 of Title 12, known as the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act,' is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section 12-9-55 of operating a responsible motor vehicle without a certificate of emission inspection, if the offense occurred within the corporate limits of such municipality. These cases may be tried upon a uniform traffic citation, summons, or citation without an accusation. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases."
SECTION 4. Said article is further amended in Code Section 36-32-9, relating to jurisdiction in cases of shoplifting of $300.00 or less, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a first, second, or third offense of theft by shoplifting when the property which was the subject of the theft was valued at $300.00 or less, if the offense occurred within the corporate limits of the municipality. These cases may be tried upon a uniform traffic citation, summons, or citation without an accusation. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases."
SECTION 5. Said article is further amended in Code Section 36-32-10, relating to jurisdiction in cases of furnishing alcoholic beverages to and purchase and possession of alcoholic beverages by underage persons, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if

TUESDAY, MARCH 26, 2002

2677

the offense occurred within the corporate limits of such municipal corporation. These cases may be tried upon a uniform traffic citation, summons, or citation without an accusation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases."
SECTION 6. Said article is further amended in Code Section 36-32-10.1, relating to jurisdiction in counties without a state court to try criminal trespass cases, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The municipal court of each municipal corporation in counties where there is no state court is granted jurisdiction to try and dispose of any violation of Code Section 16-7-21, relating to criminal trespass, if the offense occurred within the corporate limits of such municipal corporation. These cases may be tried upon a uniform traffic citation, summons, or citation without an accusation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such cases."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Bell Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck

Y Cox Y Crawford Y Cummings N Davis N Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner Y Dukes Y Ehrhart Y Epps N Everett Y Floyd Y Forster Y Franklin N Gardner

Y Hudgens Y Hudson, N E 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 Mueller Y Muntean Y O'Neal N Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert

Smith, B E Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling
Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens N Stokes Y Taylor
Teague Y Teper

2678
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 E Collins Y Connell Y Cooper

JOURNAL OF THE HOUSE

Golick Y Grasse 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 N Houston
Howard

Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley
Morris Y Mosley

Y Rice N Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor Y Sanders N Scheid Y Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield
Skipper

E Tillman Y Turnquest N Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the passage of the Bill, by substitute, the ayes were 137, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Skipper of the 137th moved that HB 1512 be taken from the table.

On the motion, the roll call was ordered and the vote was as follows:

Y Allen N Amerson
Anderson Y Ashe N Bannister N Barnard Y Barnes Y Bell Y Benfield Y Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges Y Brooks Y Broome N Brown
Buck Y Buckner N Bulloch N Bunn N Burkhalter N Burmeister

N Cox N Crawford Y Cummings N Davis N Day
Dean N Deloach, B N Deloach, G E Dix N Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner
Golick N Grasse
Graves Y Greene N Hammontree

N Hudgens Y Hudson, N E Hudson, S Y Hugley N Irvin
Jackson, B Y Jackson, L Y 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
Lord Y Lucas N Lunsford Y Maddox

N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons E Pelote N Pinholster Y Poag Y Porter N Powell Y Purcell Y Ragas Y Randall N Ray Y Reece Y Reed N Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers

N Smith, B E Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman E Walker, L

Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins N Connell N Cooper

TUESDAY, MARCH 26, 2002

Y Hanner Harbin
E Harrell Y Heard
Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston
Howard

Y Mangham N Manning N Massey Y McBee N McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

Y Royal Sailor
N Sanders N Scheid N Scott Y Seay Y Shanahan N Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

On the motion, the ayes were 78, nays 76. The motion prevailed.

2679
N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

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 1255. By Representatives Forster of the 3rd, Powell of the 23rd, Snow of the 2nd, Wiles of the 34th and Ehrhart of the 36th:
A BILL to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, so as to change the limitations on operation of vehicles by holders of Class D permits during the initial six month period after receiving such permits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell Y Benfield

Y Cox Y Crawford Y Cummings
Davis N Day
Dean Y Deloach, B Y Deloach, G E Dix

Y Hudgens Y Hudson, N E Hudson, S Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson

Y Mueller Y Muntean Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster

Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling

2680
Y Birdsong Black
Y Boggs 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 E Coleman, B Y Coleman, T E Collins Y 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 Gardner
Golick Y Grasse
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
Howard

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 Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley
Morris Y Mosley

Y Poag Y Porter Y Powell Y Purcell Y Ragas Y Randall N Ray Y Reece Y Reed 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 Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner Y Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman
Turnquest Y Twiggs Y Unterman E Walker, L Y Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 148, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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 Resolution of the House, having previously been read, was again taken up for consideration:

HR 905. By Representatives Holmes of the 53rd, Watson of the 70th, Ashe of the 46th, Wilkinson of the 43rd, Willard of the 44th and others:
A RESOLUTION creating the Commission on Regional Transportation; and for other purposes.

TUESDAY, MARCH 26, 2002

2681

The Floor substitute, offered by Representative Holmes of the 53rd, was previously read and adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Allen N Amerson
Anderson Y Ashe N Bannister N Barnard Y Barnes Y Bell Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brooks Y Broome N Brown
Buck Buckner N Bulloch N Bunn N Burkhalter N Burmeister Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Coan E Coleman, B Y Coleman, T E Collins Y Connell N Cooper

N Cox N Crawford Y Cummings N Davis N Day
Dean Deloach, B N Deloach, G E Dix N Dodson Y Drenner Y Dukes N Ehrhart Y Epps N Everett Y Floyd N Forster N Franklin Y Gardner N Golick N Grasse N Graves Y Greene N Hammontree Y Hanner N Harbin E Harrell Y Heard Heckstall N Hembree Y Henson N Hines Y Holland Y Holmes Y Houston 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 E Kaye N Keen N Knox
Lane N Lanier N Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning N Massey Y McBee N McCall Y McClinton
McKinney N Millar E Mills Y Mobley Y Morris Y Mosley

N Mueller N Muntean N O'Neal Y Orrock Y Parham Y Parrish N Parsons E Pelote N Pinholster
Poag Y Porter N Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed N Reichert N Rice N Richardson N Roberts, D Y Roberts, L Y Rogers Y Royal
Sailor N Sanders N Scheid N Scott Y Seay Y Shanahan Y Shaw Y Sholar Y Sims Y Sinkfield Y Skipper

N Smith, B E Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T N Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stanley Y Stanley-Turner N Stephens Y Stokes Y Taylor Y Teague Y Teper E Tillman Y Turnquest Y Twiggs N Unterman E Walker, L N Walker, R.L Y Watson E West N Westmoreland N Wiles N Wilkinson N Willard N Williams, J N Williams, R Y Wix N Yates
Murphy, Speaker

On the adoption of the Resolution, by substitute, the ayes were 80, nays 74. The Resolution, having failed to receive the requisite constitutional majority, was lost.

2682

JOURNAL OF THE HOUSE

HB 1562. By Representatives Johnson of the 35th, Wix of the 33rd, Powell of the 23rd, Morris of the 155th and Hanner of the 159th:
A BILL to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to change the definition of an abandoned motor vehicle to reduce the period of time a motor vehicle is left from five to three days; to reduce the period of time from five to three days when peace officers may have vehicles removed from public property; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Allen Y Amerson
Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Bell N Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brooks Y Broome Y Brown
Buck Buckner Y Bulloch N Bunn Y Burkhalter Burmeister Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Coan E Coleman, B

Y Cox Crawford
N Cummings Y Davis Y Day
Dean Y Deloach, B Y Deloach, G E Dix Y Dodson N Drenner
Dukes Y Ehrhart Y Epps Y Everett Y Floyd Y Forster Y Franklin Y Gardner Y Golick Y Grasse Y Graves Y Greene Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
Heckstall Y Hembree Y Henson Y Hines

Y Hudgens Y Hudson, N E 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
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar

N Mueller Y Muntean Y O'Neal N Orrock
Parham Y Parrish Y Parsons E Pelote Y Pinholster
Poag Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reece Y Reed Y Reichert Y Rice Y Richardson Y Roberts, D Y Roberts, L Y Rogers Y Royal Sailor Y Sanders Y Scheid Y Scott Y Seay Y Shanahan Y Shaw

Y Smith, B E Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings N Stanley N Stanley-Turner Y Stephens Y Stokes Y Taylor N Teague Y Teper E Tillman Y Turnquest Y Twiggs Y Unterman E Walker, L N Walker, R.L Y Watson E West Y Westmoreland Y Wiles Y Wilkinson Y Willard Y Williams, J

Y Coleman, T E Collins Y Connell Y Cooper

TUESDAY, MARCH 26, 2002

Y Holland Y Holmes Y Houston
Howard

E Mills Y Mobley Y Morris Y Mosley

Y Sholar Y Sims N Sinkfield Y Skipper

2683
Y Williams, R Y Wix Y Yates
Murphy, Speaker

On the passage of the Bill, the ayes were 138, nays 12. The Bill, having received the requisite constitutional majority, was passed.

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.